H-/AIIAN  LAV/S,    1853 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


LAWS 


OF    HIS    MAJESTY 


KtAMEHAMEHA   III., 


KING  OF  THE  HAWAIIAN  ISLANDS, 


PASSED    BY    THE 


NOBLES  AND  REPRESENTATIVES 


AT    THEIR    SESSION 


HONOLULU: 

PRINTED  BY  ORDER  OF  THE  GOVERNMENT. 
1853. 


SESSION  LAWS, 

1853. 


AN  ACT 
RELATING  TO  THE  JUDICIARY  DEPARTMENT. 

Approved  May  ZGth,  1853. 
BE  IT  EXACTED  by  the  King,  the  Premier  and  Nobles,  resident  near  His 

J       "'  ••»*{)  ftpaxiil.  "h>i*iv.)  Oil)  'JO  ,  J'Ml\>- •-)  !>>«'"'.       .<>   . •'•  •» 

SECTION  1.  The  Supreme  Court,  from  and  after  the  first  Monday 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-two,  shall  consist  of  a  Chief  Justice  and  two  Associate 
Justices,  any  of  whom  may  hold  the  Court.  The  Justices  of  the 
Supreme  Court  shall  hold  their  offices  during  good  behavior,  sub- 
ject to  removal  on  impeachment;  and  shall  receive  for  their  services 
a  compensation,  which  shall  not  be  diminished  during  their  continu- 
ance in  office. 

SECTION  2.  Said  Supreme  Court  shall  have  jurisdiction  in  all  cases 
in  law  or  equity,  in  all  cases  affecting  Ambassadors,  other  Public 
Ministers  and  Consuls,  and  in  all  admiralty  and  maritime  cases, 
whether  the  same  be  brought  before  it  by  original  writ,  by  appeal  or 
otherwise.  It  shall  also  have  all  the  powers,  and  exercise  all  the 
jurisdiction  belonging  to  either  the  Supreme  or  Superior  Court,  as  at 
present  constituted,  in  all  cases,  legal  or  equitable,  civil  or  criminal- 

SECTION  3.  All  cases,  matters  or  controversies,  of  whatever 
nature,  which  may  be  pending  in  the  Superior  Court,  or  the  Supreme 
Court,  as  at  present  constituted,  on  the  first  Monday  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-two,  shall 
be  immediately  transferred  to  the  Supreme  Court,  provided  for  in  this 
Act,  and  be  therein  determined. 


686640 


4  JUDICIARY    DEPARTMENT.  SESS. 

SECTION  4.  The  Chief  Justice  of  the  Supreme  Court  shall  be  the 
Chancellor  of  the  Kingdom,  and  shall  have  power  at  Chambers  to 
decree  the  foreclosure  of  mortgages,  to  grant  divorces,  to  issue  pro- 
cess in,  and  to  hear  and  determine  all  probate  matters,  and  all  cases 
in  bankruptcy,  admiralty  or  equity,  subject  however,  to  an  appeal  to 
the  full  Court.  Moreover,  the  Chief  Justice  and  two  Associate 
Justices  of  the  Supreme  Court  shall  respectively  have  all  the  powers 
at  Chambers  conferred  by  present  laws  upon  the  Chief  Justice  and 
Associate  Justice  of  the  Superior  Court. 

SECTION  5.  The  Supreme  Court  shall  have  the  general  superin- 
tendence of  all  courts  of  inferior  jurisdiction,  to  prevent  and  correct 
errors  and  abuses  therein,  where  no  other  remedy  is  expressly  pro- 
vided by  law. 

SECTION  6.  Said  Court,  or  the  Chief  Justice  thereof  at  Chambers, 
shall  have  the  power  to  issue  writs  of  error,  certiorari,  mandamus, 
prohibition  and  quo  warranto,  and  all  other  writs  and  processes,  to 
courts  of  inferior  jurisdiction,  to  corporations  and  individuals,  that 
shall  be  necessary  to  the  furtherance  of  justice  and  the  regular  execu- 
tion of  the  laws. 

SECTION  7.  Said  Court  shall  have  power  to  make  and  award  all 
such  judgments,  decrees,  orders  and  injunctions,  to  issue  all  such 
executions  and  other  writs  and  processes,  and  to  do  all  such  other 
acts  as  may  be  necessary  or  proper  to  carry  into  full  effect,  all  the 
powers,  which  are  or  may  be  given  to  it  by  the  Constitution  and  laws 
of  the  Kingdom. 

SECTION  8.  It  shall  have  power  from  time  to  time,  to  make  rules 
for  regulating  the  practice  and  conducting  the  business  of  the  Court, 
in  all  cases  not  expressly  provided  by  law;  and  thereafter  to  revise 
said  rules  so  often  as  it  may  be  found  wise  and  necessary  to  simplify 
said  practice  and  remedy  any  abuses  or  imperfections  that  may  be 
found  to  exist  therein. 

SECTION  9.  When  any  question  of  law  shall  arise  in  any  trial  or 
other  proceeding,  either  of  a  civil  or  criminal  nature,  at  law  or  in 
equity,  before  the  said  Court,  when  held  by  one  Justice,  he  may  reserve 
the  same  for  the  consideration  of  the  full  Court,  and  shall  report 


1853.  JUDICIARY    DEPARTMENT.  5 

the  case,  or  so  much  thereof  as  may  be  necessary  for  a  full  under- 
standing of  the  question,  to  his  associates. 

SECTION  10.  Any  case  may  be  reserved  in  like  manner,  upon  the 
motion  of  either  party,  for  a  new  trial,  on  account  of  any  opinion, 
direction  or  order  of  the  Justice  in  any  matter  of  law. 

SECTION  11.  If  any  party  shall  think  himself  aggrieved  by  any 
such  opinion,  direction  or  order  of  the  Court,  and  the  Justice  shall 
not  think  fit  to  reserve  the  case  upon  his  motion,  the  party  may 
allege  exceptions  to  such  opinion,  direction  or  order,  and  the  same 
being  reduced  to  writing  in  a  summary  mode,  and  presented  to  the 
Justice  before  the  final  adjournment  of  the  Court  for  the  term,  and 
being  found  comformable  to  truth,  shall  be  allowed  and  signed  by  the 
Justice. 

SECTION  12.  Upon  the  allowance  of  such  exceptions  the  questions 
arising  thereon  shall  be  considered  by  the  full  Court.  If,  however, 
the  exceptions  shall  appear  to  the  Justice,  before  whom  the  trial  is 
held,  to  be  frivolous,  immaterial,  or  intended  for  delay,  the  judgment 
shall  be  entered,  and  execution  awarded  or  stayed,  on  such  terms  as 
the  Court  shall  deem  reasonable,  notwithstanding  the  allowance  of  the 
exceptions. 

SECTION  13.  When  upon  the  hearing  of  a  case,  brought  before 
the  Court  upon  exceptions  alleged  as  before  provided,  it  shall  appear 
that  the  exceptions  are  frivolous  or  immaterial,  or  were  intended  for 
delay,  the  Court  may  award  against  the  party  taking  the  exceptions, 
double  costs  from  the  time  when  the  same  were  alleged,  and  also 
interest  from  the  same  time,  at  the  rate  of  twenty  per  cent,  per  annum, 
on  the  sum,  if  any,  found  due  for  debt  or  damages;  or  may  award 
any  part  of  such  additional  costs  and  interest  which  they  may  deem 
proper. 

SECTION  14.  When  judgment  shall  have  been  rendered  in  any 
case,  in  which  exceptions  have  been  allowed,  the  judgment  may  be 
vacated  by  full  Court,  without  any  writ  of  error,  in  like  manner,  as  if 
it  had  been  entered  by  mistake,  and  order  such  further  proceedings  in 
the  case  as  to  law  and  justice  shall  appertain. 

SECTION  15.     No  trial  by  Jury  shall  be  prevented  or  delayed  by  the 


6  JUDICIARY    DEPARTMENT.  SESS. 

filing  or  allowance  of  such  exceptions,  but  the  verdict  shall  be 
received  and  such  further  proceedings  shall  be  held  in  the  case  as  the 
Court  may  order,  in  pursuance  of  the  foregoing  provisions. 

SECTION  16.  There  shall  be  four  several  terms  of  the  Supreme 
Court  held  in  each  year,  commencing  as  follows,  viz:  on  the  first 
Mondays  of  January,  April,  July  and  October;  which  said  terms 
shall  respectively  be  called  the  January,  April,  July  and  October 
terms  of  the  said  Court.  The  Court  may,  however,  hold  special 
terms  at  other  times,  whenever  it  shall  deem  it  essential  to  the  pro- 
motion of  justice. 

SECTION  17.  The  four  regular  terms  shall  be  held  at  the  Court 
House  in  the  city  of  Honolulu.  Provided  always,  that  the  King  may, 
in  case  he  shall  deem  it  requisite,  by  reason  of  war,  pestilence  or 
other  public  calamity,  or  the  danger  thereof,  order  the  same  to  be 
held  at  a  different  place,  and  it  shall  be  so  held,  until  the  order  is 
revoked  or  a  new  place  appointed.  The  several  terms  may  be  con- 
tinued and  held  for  the  period  of  four  weeks  from  the  commencement 
thereof.  ,,.. 

SECTION  18.  When  neither  of  the  Justices  of  the  Court  is  present 
at  the  time  and  place  for  holding  a  Court,  it  shall  be  the  duty  of  the 
Clerk  of  said  Court  to  adjourn  the  same  from  day  to  day,  until  one  of 
the  Justices  shall  attend,  or  until  an  order  in  writing  shall  be  received 
from  one  of  them  respecting  such  adjournment. 

SECTION  19.  In  case  of  the  absence  or  sickness  of  the  Chief 
Justice,  or  of  a  vacancy  in  that  office,  all  the  duties  thereof,  both  at 
Chambers  and  in  banco,  shall  be  performed,  during  such  absence, 
sickness  or  vacancy,  by  the  Senior  Justice,  or  such  other  Justice  as 
the  King  may  appoint  for  the  time. 

SECTION  20.  The  Chief  Justice  of  the  Supreme  Court  shall  receive 
an  annual  salary  of  five  thousand  dollars,  and  each  of  the  Associate 
Justices  shall  receive  an  annual  salary  of  two  thousand  dollars,  and  the 
said  salaries  shall  be  paid  in  monthly  payments,  out  of  the  Treasury 
of  the  Kingdom. 

OF  THE  CLERK  OF  THE  SUPREME  COURT. 

SECTION  21.     The  Clerk  of  the  Supreme  Court  shall  be  appointed 


IO-'>  ~ 

18oJ.  JUDICIARY  DEPARTMENT.  / 

by  the  Justices  thereof,  and  hold  his  office  during  their  pleasure.  He 
shall  have  charge  of  the  seals  of  the  Court,  which  shall  be  impressed 
on  all  process  of  said  Court.  He  shall  have  power  to  issue  process 
in  all  suits  and  matters  brought  before  the  Supreme  Court,  or  before 
the  Chief  Justice  or  any  Associate  Justice  thereof  at  Chambers.  He 
shall  also  have  power  to  administer  oaths,  to  take  the  deposition  of 
witnesses,  to  assess  damages  upon  notes,  bonds,  bills  of  exchange, 
orders  and  other  liquidated  obligations  in  all  cases  in  which  default 
shall  have  been  made,  and  all  other  powers  and  duties  in  relation  to 
the  drawing  of  jurors,  and  in  all  other  matters  which  pertain  to  the 
office  of  the  Clerk  of  the  Superior  Court,  and  are  necessary  to  the 
proper  transaction  of  the  business  of  the  Supreme  Court. 

SECTION  22.  He  shall  be  sworn  to  the  faithful  discharge  of  all  the 
duties  of  his  office,  by  one  of  the  Justices  of  the  Supreme  Court;  and 
before  entering  on  the  performance  of  such  duties,  shall  give  a  bond 
to  the  Minister  of  Finance,  to  be  approved  by  the  Chief  Justice,  in  the 
sum  of  one  thousand  dollars,  with  one  or  more  sufficient  sureties, 
conditioned  for  the  faithful  discharge  of  all  his  official  duties. 

SECTION  23.  He  shall  attend  and  record  the  proceedings  of  the 
Court,  and  have  the  care  and  custody  of  all  the  records,  books  and 
papers,  appertaining  to  his  office,  and  filed  or  deposited  therein. 

SECTION  24.  In  equity,  admiralty  or  maritime  cases,  and  in  all 
matters  heard  before  any  Justice  at  Chambers,  the^  Clerk  shall 
record  at  length  such  part  only  of  the  proceedings  as  shall  be  directed 
by  the  Court,  either  by  general  rules  or  by  a  special  order  of  one  of 
the  Justices  in  any  particular  case. 

SECTION  25.  He  shall  keep  in  every  book  of  records  an  alphabeti- 
cal list  of  all  the  names  of  all  parties  to  any  suit  or  judgment  therein 
recorded,  with  a  reference  to  the  page  where  it  is  recorded;  and 
when  there  are  several  persons,  either  plaintiffs  or  defendants,  the 
name  of  every  person,  with  a  like  reference,  shall  be  inserted  in  its 
appropriate  place  in  said  list. 

SECTION  26.  The  Justices  of  the  Court  shall  inspect  the  doings  of 
the  Clerk,  from  time  to  time,  and  see  that  the  records  are  made  up 


8  JUDICIARY    DEPARTMENT.  SfiSS. 

seasonably,  and  kept  in  good  order;  and  if  the  records  are  left  in- 
complete for  more  than  twelve  months  at  any  one  time,  such  neglect, 
unless  caused  by  sickness  or  other  good  reason,  shall  be  adjudged  a 
forfeiture  of  the  Clerk's  bond. 

SECTION  27.  The  Clerk  shall  exhibit  the  records  of  his  office  at 
every  January  term  to  the  Justices,  and  at  such  other  times  as  the 
same  may  be  required  by  any  Justice,  so  that  the  Court  may  have 
notice  of  any  errors  or  defects  in  the  keeping  of  the  records,  and  may 
cause  the  same  to  be  corrected. 

SECTION  28.  In  case  of  the  death  of  the  Clerk  or  his  absence  from 
any  Court  which  he  is  required  to  attend,  the  Court  shall  appoint  a 
Clerk  pro  tempore,  to  act  as  Clerk  of  the  Court,  until  the  standing 
Clerk  shall  resume  the  discharge  of  his  duties,  or  until  another  shall 
be  appointed  by  the  Court. 

SECTION  29.  Such  temporary  Clerk  shall  be  sworn  to  the  faithful 
discharge  of  his  duties;  and  he  shall  receive  for  his  services  such 
compensation  as  the  Court  shall  think  proper,  to  be  paid  either  from 
the  appropriation  for  the  standing  Clerk  or  from  the  Public  Treasury, 
as  the  Court  may  direct. 

SECTION  30.  All  Clerks  of  Courts  shall  keep  exact  accounts  of  all 
costs  and  fees  received  by  them  in  their  respective  offices;  and  they 
shall  render  quarterly  accounts  of  the  same  to  the  Minister  of 
Finance. 

SECTION  31.  The  Clerk  of  the  Supreme  Court  shall  receive  an 
annual  salary  of  fifteen  hundred  dollars,  which  shall  be  paid  in 
monthly  payments  out  of  the  Treasury  of  the  Kingdom. 

OF  THE  CIRCUIT  COURTS. 

SECTION  32.  The  Kingdom  shall  continue  to  be  divided  into  four 
Judicial  Districts  or  Circuits,  as  at  present  constituted,  that  is  to  say: 

The  first  district  shall  consist  of  the  island  of  Oahu,  whose  seat  of 
justice  shall  be  at  Honolulu: 

The  second  district  shall  consist  of  the  islands  of  Maui,  Molokai, 
Lanai  and  Kahoolawe,  whose  seat  of  justice  shall  be  at  Lahaina,  on 
the  island  of  Maui: 


1853.  JUDICIARY    DEPARTMENT.  9 

The  third  district  shall  consist  of  the  island  of  Hawaii,  whose  seat 
of  justice  shall  be  at  Hilo: 

The  fourth  district  shall  consist  of  the  islands  of  Kauai  and  Niihau, 
whose  seat  of  justice  shall  be  at  Nawiliwili,  on  the  island  Kauai. 

SECTION  33.  The  terms  of  the  Circuit  Courts  shall  be  held  at  the 
times  and  places  at  present  appointed  by  law;  and  the  proceedings 
therein  shall  continue  to  be  those  already  precribed. 

SECTION  34.  The  several  Circuit  Courts  shall  continue  to  have  all 
the  powers  and  exercise  the  jurisdiction  which  belong  to  the  Circuit 
Courts  at  the  present  time,  together  with  all  additions  or  limitations 
that  may  be  created  or  imposed  by  the  Constitution  and  laws  of  the 
Kingdom. 

SECTION  35.  The  Circuit  Judges  shall  have  power  in  their  respec- 
tive districts  to  try  all  appeals  made  to  them  by  any  party  from  the 
decision  of  any  District  or  Police  Justice  within  their  jurisdiction; 
and  shall  possess  all  the  powers  and  exercise  all  the  jurisdiction  that 
now  belong  to  the  Local  Circuit  Judges  at  Chambers  or  in  banco. 

SECTION  36.  It  shall  be  the  duty  of  one  of  the  Justices  of  the 
Supreme  Court  to  attend  and  preside  over  each  term  of  the  Circuit 
Courts;  and  the  expenses  of  any  Justice  of  the  Supreme  Court,  in 
attending,  holding  and  returning  from  any  such  Courts,  shall  be  paid 
from  the  annual  appropriation  for  the  expenses  of  said  Courts. 

SECTION  37.  If  one  of  the  Justices  of  the  Supreme  Court  shall  fail 
to  attend  any  Circuit  Court  at  the  time  at  which  it  is  appointed  to  be 
held,  the  Sheriff  or  some  Circuit  Judge  shall  open  the  Court  and 
adjourn  the  same,  from  day  to-day,  and  if  the  said  Justice  shall  not 
attend  before  ten  o'clock  of  the  third  day,  such  Circuit  Judge  or 
Sheriff  shall  adjourn  the  Court  without  day. 

SECTION  38.  All  persons  bound  to  appear  at  any  Circuit  Court, 
which  shall  have  failed,  as  mentioned  in  the  last  section,  shall  be 
bound  to  appear  at  the  next  term  of  said  Court. 

SECTION  39.  The  Clerks  of  the  several  Circuit  Courts  shall  be 
appointed  by  the  Justices  of  the  Supreme  Court,  and  hold  their  offices 
during  their  pleasure.  They  shall  severally  have  the  charge  of  the 


10  JUDICIARY    DEPARTMENT.  SfiSS. 

seals  of  their  respective  Courts,  and  shall  have  power  to  issue  all 
writs  and  processes  required  by  the  practice  of  their  respective 
Courts. 

SECTION  40.  The  said  Clerks  shall  attend  all  the  said  Courts  held 
in  their  respective  circuits,  and  record  their  proceedings,  and  shall 
have  the  care  and  custody  of  all  records,  books  and  papers,  appertain- 
ing to  their  respective  offices,  and  filed  and  deposited  therein. 

SECTION  41.  The  Clerks  of  the  several  Circuit  Courts  shall  each 
be  sworn  to  the  faithful  discharge  of  their  duties,  and  give  a  bond  to 
the  Minister  of  Finance,  to  be  approved  by  the  Chief  Justice  of  the 
Supreme  Court,  in  the  sum  of  five  hundred  dollars,  with  one  or  more 
sufficient  sureties,  conditioned  for  the  faithful  discharge  of  his  official 
duties. 

SECTION  42.  Each  Circuit  Court  Clerk  shall  keep  an  exact 
account  of  all  fees  and  costs  received  by  him,  and  shall  quarterly 
render  a  faithful  account  of  the  same  to  the  Minister  of  Finance. 

SECTION  43.  In  keeping  their  records,  they  shall  be  governed  by 
the  rules  prescribed  in  this  Act  for  the  Clerk  of  the  Supreme  Court. 

SECTION  44.  The  present  Clerks  of  the  Circuit  Courts  shall  con- 
tinue in  office  until  others  are  appointed  in  their  stead. 

SECTION  45.  The  seals  of  the  several  Circuit  Courts  shall  be 
those  already  devised  and  now  in  use  by  said  Courts. 

SECTION  46.  Each  Circuit  Judge,  when  there  is  only  one  in  a 
Circuit,  shall  receive  an  annual  salary  of  fifteen  hundred  dollars,  and 
shall  make  a  regular  tour  of  his  Circuit  at  least  twice  every  year  for 
the  trial  of  appeals  at  Chambers;  and  each  Circuit  Judge,  when  there 
is  more  than  one  in  the  circuit  for  which  he  is  appointed,  shall  receive 
an  annual  salary  of  eight  hundred  dollars;  which  salaries  shall  be 
paid  by  monthly  payments  out  of  the  Treasury  of  the  Kingdom. 

OF  THE  POLICE  AND  DISTRICT  JUSTICES'  COURTS. 

SECTION  47.  The  Police  and  District  Justices  Courts  shall  con- 
tinue as  at  present  constituted,  and  shall  have  all  the  powers  they 
now  possess,  and  be  subject  to  all  the  duties  and  obligations  now 
resting  upon  them,  with  all  additions  and  limitations  imposed  by  the 
Constitution. 


1853.  JUDICIAL  DEPARTMENT.  11 

APPEALS. 

SECTION  48.  All  appeals  from  any  decision  of  the  Beard  of  Com- 
missioners to  Quiet  Land  Titles,  and  all  appeals  from  any  Circuit, 
Police  or  District  Justices  Court  that  may  now  be  taken  to  either  the 
Supreme  or  Superior  Court  under  existing  laws,  shall  hereafter  lie 
and  be  taken  to  the  Supreme  Court  provided  for  in  this  Act,  subject 
to  the  rules  prescribed  therefor  in  the  present  Statutes.  Provided 
always,  that  no  appeal  shall  be  taken  from  any  Circuit  Court  to  the 
Supreme  Court,  unless  on  questions  of  law. 

SECTION  49.  In  all  cases  of  appeal  from  any  decision  of  the  Board 
of  Commissioners  to  Quiet  Land  Titles,  on  any  question  of  fact,  the 
parties  shall  be  entitled  to  have  the  same  tried  by  a  jury,  chosen  as 
in  other  cases  tried  before  the  Court.  Provided  always,  that  when- 
ever a  jury  shall  fail  to  agree  on  a  verdict  on  any  such  appeal  on  the 
first  trial,  the  decision  of  the  Board  of  Commissioners  shall  be  con- 
firmed unless  the  Court  shall  be  unanimously  of  the  opinion  that  a 
new  trial  should  be  granted.  When  a  new  trial  shall  be  granted  and 
a  verdict  is  not  agreed  upon  by  the  second  jury,  there  shall  be  no 
further  trial,  and  the  decision  of  the  Board  of  Commissioners  shall 
stand  confirmed. 

SECTION  50.  In  the  trial  of  any  appeal  from  the  Board  of  Commis- 
sioners to  Quiet  Land  Titles,  all  the  evidence  taken  before  said 
Board  shall  be  read  to  the  Court  and  jury,  and  either  party  may 
submit  such  additional  evidence  to  the  Court  and  jury  as  may  be 
legal  and  proper. 

OF  THE  TRIAL  BY  JURY. 

SECTION  51.  All  the  provisions  of  existing  Statutes  in  reference  to 
jurors  and  the  trial  by  jury  shall  continue  in  force  and  be  applicable 
to  the  Supreme  and  Circuit  Courts  provided  for  in  this  Act,  not  only 
as  to  the  selection  and  drawing  of  jurors,  but  in  every  other  respect. 

GENERAL  PROVISIONS. 

SECTION  52.  The  Minister  of  Finance  is  hereby  authorized  to  pay 
all  salaries  and  expenses  provided  for  in  this  Act,  out  of  the  Treasury 
of  the  Kingdom,  and  the  same  are  hereby  appropriated.  The  appro- 
priations now  made  for  the  salaries  of  the  Justices  and  Clerk  of  the 
Superior  Court  shall  cease  from  the  day  of  the  appointment  of  the 


12  JUCICIAL    DEPARTMENT.  SESS. 

Justices  and  Clerk  of  the  Supreme  Court  provided  for  in  this  Act,  but 
the  appropriations  for  the  present  Judges  of  the  Supreme  Court, 
viz:  one  hundred  dollars  each,  shall  continue  and  be  paid  until  the 
expiration  of  their  year. 

SECTION  63.  All  the  balance  of  appropriation  for  expenses  of  the 
Superior  Court  shall  be  drawn  for  by  the  Clerk  of  the  Supreme 
Court  and  appropriated  to  the  expenses  of  the  Supreme  Court  pro- 
vided for  in  this  Act;  and  all  appropriations  for  the  expenses  of  the 
Circuit  Court  for  the  first  judicial  district,  and  stationery,  shall  be 
drawn  by  the  Clerk  of  the  Supreme  Court  and  be  by  him  disbursed. 

SECTION  54.  This  Act  shall  take  effect  from  and  after  the  first 
Monday  of  December,  eighteen  hundred  and  fifty-two,  and  continue 
in  force  until  approved  or  annulled  by  the  Legislature. 

Done  at  the  Palace,  this  third  day  of  December,  A.  D.  1852. 


1853.  RELATING    TO    PASSPORTS.  13 


AN  ACT 

TO    AMEND    AN  ACT  ENTITLED   «  AN  ACT  TO  AMEND  THE  LAW 
RELATIVE  TO  PASSPORTS,"  PASSED  ON  THE  24th  JUNE,  1852. 

Approved  May  3fith,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Premier  and  Chiefs,  resident  near 
His  Majesty: 

That  the  following  be  added  to  the  3d  section  of  the  said  act,  viz: 

Provided  always,  that  in  all  cases  in  which  any  Collector  of 
Customs  shall  have  refused  and  withheld  a  passport  from  any  person 
on  the  ground  of  an  alleged  indebtedness  to,  or  implication  in  any 
pending  suit  with  any  private  person  or  persons,  it  shall  be  lawful  for 
such  Collector  of  Customs,  upon  the  filing  with  him  or  his  deputy  of  a 
sufficient  bond  with  sureties  in  a  sufficient  amount  at  his  discretion, 
by  the  party,  from  whom  such  passport  shall  be  withheld,  conditioned 
to  abide  the  result  of  any  suit  or  trial,  and  to  pay  the  amount  of  any 
judgments  rendered  against  him  at  suit  of  the  party  or  parties  at 
whose  instance  such  passport  shall  have  been  withheld,  to  issue  such 
passport  to  such  party  requiring  the  same. 

This  Act  shall  take  effect  on  the  day  of  its  passage. 

Done  and  passed  at  the  Palace,  in  Honolulu,  this  third  day  of 
December,  A.  D.  1852. 


10!  aamau'-t  'i<>  •;  -i,|«m  «.-) 

-oiinoo  fwU-lo  )»><>  biaq  ad  \.i  idsjii  Lni;  j--i?;  Jjiiiij  -futn  / 
79<!t  lloiiitV  isi  ,)aA  aiiii  'fo  noilvu  Jsift  91U  .;  .i  :V>J/ii'fuijiq 
»ii>  b««  ;bwlqqa  i*d  o)  «i  •««!;  :HIJJ  rir>iri*  <.j  i-v^tjo  s 
!ifC"s  X^^J  "'  iw'J  •''<•  ii'?  hue  f){'»M'Ujit)uc  '^rf'i-pjii  *i  '»Mi/!ni1'Jo  T»<>:inil4 

Jr'-aii  LJIB  fau'i  158  f.in0o'>r>A 
.1??.*;!  .(I  .A  ..T>av»  7«b  InidJ  hi,!)  .'^JO[K^  jjiU  JB  l»<)%?.r><j  ban 


14  AMENDMENT.  SESS. 


AMENDMENT  TO  THE  APPKOPRIATION  BILL. 

Approved  May  26th,  1853. 

WHEREAS,  by  the  Appropriation  Bill  approved  on  the  fifteenth  day  of 
July,  A.  D.  1852,  it  is  provided  that  the  Minister  of  Finance  shall 
not  attow  or  cause  to  be  paid  out  of  the  Treasury  any  monies  for 
any  other  objects  or  in  any  greater  amounts  than  are  provided  in 
said ''Act;  until  after  the  passage  of  a  new  bill  of  appropriations, 
and  whereas  a  contingency  has  happened  in  the  destruction  of  a 
Government  office,  and  may  again  happen  before  the  next  regular 
meeting  of  the  Legislature,  rendering  it  necessary  that  the  several 
Departments  of  the  Government  should  expend  money  not  now  ap- 
propriated to  carry  on  the  Government  and  fulfil  its  obligations: 

BE  IT  ENACTED,  by  the  King,  the  Premier  and  Nobles  resident  near 
His  Majesty: 

SECTION  1.  That  twenty  thousand  dollars  are  hereby  appropriated 
out  of  any  monies  in  the  Treasury,  and  hereby  set  apart  as  a  contin- 
gent fund,  to  meet  and  pay,  as  far  as  may  be  required,  the  necessary 
expenses  of  the  Government,  not  provided  for  in  the  appropriation 
bill  approved  on  the  15th  July,  1852. 

SECTION  2.  That  it  shall  be  lawful  for  the  several  Ministers  of  the 
Hawaiian  Government,  for  the  purpose  of  faithfully  discharging  the 
duties  of  their  Departments  and  fulfilling  the  obligations  of  the 
Government,  to  make  drafts  on  the  Minister  of  Finance  for  such 
monies  as  they  may  think  just  and  right,  to  be  paid  out  of  the  contin- 
gent fund  appropriated  by  the  first  section  of  this  Act,  in  which  they 
shall  state  the  object  to  which  the  same  is  to  be  applied;  and  the 
Minister  of  Finance  is  hereby  authorized  and  empowered  to  pay  said 
drafts,  provided  the  same  are  hereby  approved  by  the  Auditor  of 
Accounts  as  just  and  right. 

SECTION  3.  This  Act  shall  take  effect  from  the  day  of  its  passage, 
and  continue  in  force  until  approved  or  annulled  by  the  Legislature. 

Done  and  passed  at  the  Palace,  this  third  day  of  Dec.,  A.  D.  1852. 


TONNAGE    DUES.  15 


AN  ACT 

TO   AMEND    AN    ACT   TO    REGULATE    THE   TONNAGE  DUES  AND 
OTHER    CHARGES    ON   MERCHANT  AND  WHALING  VESSELS. 

Approved  May  QGth,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Premier  and  Nobles  resident  near 
His  Majesty: 

SECTION  1.  That  section  third  and  section  seventh  of  ."  An  Act  to 
to  regulate  the  tonnage  dues  and  other  charges  on  merchant  and 
whaling  vessels,  passed  July  6th,  1852,  be  and  is  hereby  amended  by 
striking  out,  whenever  it  occurs  in  said  sections,  "  or  passengers." 

SECTION  2.     This  Act  shall  take  effect  from  the  date  of  its  passage. 

Done  at  the  Palace,  this  20th  day  of  September,  A.  D.  1852. 


16  TO    ENCOURAGE    WHALERS.  SESS. 


AN  ACT 

TO    AMEND    "JOINT  RESOLUTION    TO    ENCOUEAGE    THE  VISITS 
OF  WHALERS,"  PASSED  JUNE  15th,  1847. 

Approved  May  26/A,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Premier  and  JYofe/es  resident  near 
His  Majesty: 

SECTION  1.  That  section  eighth  of  "Joint  Resolution  to  Encourage 
the  Visits  of  Whalers,"  passed  the  fifteenth  day  of  June,  eighteen 
hundred  and  forty-seven,  be  and  the  same  is  hereby  repealed. 

SECTION  2.     This  Act  shall  take  effect  from  and  after  its  passage. 
Done  at  the  Palace,  this  20th  day  of  September,  A.  D.  1852. 


1853.  APPROPRIATION.  17 


AN  ACT 

TO  AUTHORIZE  THE  MINISTER  OF  FINANCE  TO  PAY  CERTAIN 
SUMS  IN  ANTICIPATION  OF  THE  GENERAL  APPROPRIATION 
BILL  FOR  1853. 

Approved  May  23eZ,  1853. 

WHEREAS,  no  provision  was  made  by  the  Legislature  of  1852,  for 
the  support  of  His  Majesty's  Privy  Purse  or  Royal  State,  after  the 
31st  of  March,  1853,  and  whereas  His  Majesty's  dignity  and  comfort 
may  be  endangered  by  any  delay  to  make  such  provision: 

Therefore- 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

That  the  Minister  of  Finance  be  instructed  to  pay  out  of  the 
Treasury,  in  anticipation  of  the  General  Appropriation  Bill  for  1853, 
and  until  June  30th,  1853,  the  sum  of  eight  hundred  and  thirty- 
three  and  one-third  dollars,  monthly,  on  account  of  His  Majesty's 
Privy  Purse,  and  the  further  sum  of  three  hundred  and  thirty-three 
and  one-third  dollars,  monthly,  on  account  of  His  Majesty's  Royal 

State. 

3 


lo")   vim 


(it 


18          '  IMPORT    DUTIES.  SfiSS. 


AN  ACT 

TO  INCREASE  THE  IMPORT  DUTIES  OF  CERTAIN  KINDS  OF  HER- 
CHANDISE. 

Approved  May  With,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  there  shall  be  levied  on  all  goods,  wares  and 
merchandise  imported  into  this  Kingdom,  from  any  port  in  China  or 
the  Phillipine  Islands,  a  duty  of  fifteen  per  cent,  ad  valorem  upon  the 
invoice  cost  thereof;  provided,  however  that  no  more  than  five  per 
cent,  duty  shall  be  levied  on  the  article  of  Rice,  and  further  provided 
that  this  shall  not  be  construed  into  a  repeal  of  any  part  of  "  An  Act 
levying  specific  duties  on  sugars,  syrups  of  sugar  and  coffee,  passed 
June  6th,  1852. 

SECTION  2.  The  increase  of  duties  provided  for  in  the  first  sec- 
tion of  this  Act,  shall  not  affect  goods,  wares  or  merchandize,  which 
are  the  growth  or  manufacture  of  any  foreign  country  having  a  treaty 

with  this  Kingdom. 

• 

SECTION  3.  In  torder  to  prove  that  any  goods,  wares  or  merchan- 
dize, imported  into  this  Kingdom,  from  any  of  the  ports  of  China  or 
the  Phillipine  Islands,  are  the  growth  or  manufacture  of  some  other 
country  having  a  treaty  with  this  Kingdom,  it  shall  be  necessary  for 
the  person  entering  the  same  at  the  Custom  House,  to  present  to  the 
Collector  of  Customs  a  certificate  to  that  effect  from  the  resident 
Hawaiian  Consul,  or  in  default  of  such  Consul,  from  the  Consul  or 
Commercial  Agent  of  such  other  country,  at  the  port  in  China  or  the 
Phillipine  Islands,  from  whence  such  goods,  wares  or  merchandize 
shall  have  been  brought  to  this  Kingdom ;  and  the  person  entering 
the  same  at  the  Custom  House,  shall  make  oath  that  such  goods, 


1853.  IMPORT   DUTIES.  19 

wares  or  merchandize  are  not  the  growth  or  manufacture  of  China  or 
the  Phillipine  Islands,  to  the  best  of  his  knowledge  and  belief. 

SECTION  4.     This  Act  shall  take  effect  at  the  expiration  of  six 
months  from  the  date  of  its  publication  in  the  Polynesian  newspaper. 


U>  Jrt 


rn->»b  I 


lo   bftfi 


•tol  ,ioii' 


20  ERECTION    OF   JAILS.  SfiSS. 


•TO  cniii'31o  o-ujJofiijmfim  10  ihwyig  orfi  Ion  oie  oxihrtmfoiom.io  e^-uw 
.'ioifod  bne  agbolv.'onrf  guHo  iaod  nrft  o)  ,^'>n.:[-.I  •uiiqiliirf*!  oiU 

7.1*  "to  noiJ.miqro  orif  lr.  iooiio  o;-fnt  Ifmta  JiA  suiT     .t  xosroaS 

.J>  iiii.i'i  - 

AN  ACT 

TO   CONSTITUTE   A  BOARD   OF  COMMISSIONERS  TO  ERECT  JAILS 
ON  THE  ISLAND  OF  OAHU. 

Approved  May  26f/i,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  The  Minister  of  the  Interior,  with  the  consent  of  the 
King  in  Privy  Council,  shall  appoint  three  Commissioners  to  erect 
Jails  or  Prisons  on  the  Island  of  Oahu,  who  shall  serve  without  pay. 

SECTION  2.  The  Minister  of  the  Interior,  with  the  consent  of  the 
King  and  Privy  Council,  as  above,  shall  fill  up  all  vacancies  that  may 
occur,  by  death,  resignation  or  otherwise. 

SECTION  3.  The  Commissioners  shall  select  and  procure  suitable 
sites  for  two  jails,  the  one  for  male  convicts,  .  the  other  for  female 
convicts,  to  be  situated  on  the  Island  of  Oahu,  and  not  less  than  one 
mile  apart,  and  they  shall  cause  to  be  erected  thereon,  with  as  little 
delay  as  possible,  such  buildings  and  enclosures,  as  they  shall  deem 
necessary  for  the  safe  keeping,  correction  and  employment  of  the 
convicts. 

SECTION  4.  The  Commissioners  shall,  if  they  deem  it  necessary, 
cause  to  be  erected,  in  some  central  spot  in  the  town  of  Honolulu,  a 
lockup  for  the  temporary  detention  of  deserters  from  ships,  and  of 
parties  awaiting  examination  before  any  of  the  courts. 

SECTION  5.  The  Commissioners,  or  any.  two  of  them,  are  author- 
ized, in  the  performance  of  the  duties  prescribed  in  the  2d,  3d  and 
4th  sections  of  this  act,  in  the  name  of  the  Minister  of  the  Interior,  for 
the  Government,  to  purchase  the  real  estate  necessary  for  the  jai1 
sites,  to  advertise  for  plans,  specifications  and  proposals,  and  to  make 
contracts  for  the  supply  of  materials  and  labor  for  the  execution  of 
the  whole,  or  any  part  of  the  work. 


1853.  ERECTION    OF    JAILS.  21 

SECTION  6.  The  Commissioners,  or  any  two  of  them  are  further 
authorized  to  draw  upon  the  Minister  of  the  Interior  for  any  sums 
that  are  necessary  to  the  performance  of  the  duties  imposed  upon 
them  by  this  Act;  provided,  that  the  aggregate  'of  these  sums  do  not 
exceed  the  amount  which  may  have  been  appropriated  by  the  Legisla- 
ature  for  the  erection  of  jails  on  the  Island  of  Oahu. 

SECTION  7.  The  Commissioners  shall  on  or  before  the  31st  of 
December  in  each  year,  present  to  the  Minister  of  the  Interior,  a 
report  of  their  proceedings,  with  a  full  account  of  their  receipts  and 

expenditures. 

r  .vWv.u  V,  ,,^r,'3  »ti\»\T.Vv/».\  i»i    fcYuu>U\  ft-'.V...-"^ 

SECTION  8.     So  much  of  sections  1st  and  2d  of  the  "Act  relating 

to  Prisons,  their  Government  and  Discipline,"  approved  4th  August, 

1851,   as  relates  to  the  erection  of  Jails  on  the  Island  of  Oahu,  is 
,        ,  ,    ,      r  jmiouboiq  no  ,}nBTi;rw  r,  inoniiv/  tw>hvr.'  .»  'ai\ 

hereby  repealed. 

;  •;.»   :,  >Uaif:intoD  irorft  .rfo'ijcoa-oi  riaiw  '(fiiii  losseov  oili  io  • 
SECTION  9.     This  Act  shall  take  effect  from  and  after  the  date  of 

iYOICJ       JID'llll'J      OD11O 

its  passage. 

r  )  t-i'.n:  lo  f-.ioKHO?  ot  v'riqii  ot  ?,«  eD9DttRno3  os  oo  iifiru 

t80}£t2  ugioio'l  'io  ?.fj"Iiftifn<T:or3  aih  ^diicod  sin'-i;.,}  ^d  bsfifir.uimco 
v    .feiroilsni'lo  ofi'-u  bnn  v?sf  odi    d  HO'IB^  ot  Jo'jdtra  ion  !>ns 


gnibaiJimnoo   e'dT 
osh  oJ 


gaiboao/.o  ionlo  oiu-  i?  oi 
bnr>  mo-s'i  Jyo*B9  O^'BJ  Ueria  JD/J  c-.iiiT     .f:  /. 


22  SEARCHING   SHIPS.  SESS. 

o-Tfl  Ktatb  lo  o-tfi  vnr  to  tRi9sois»iimm>1   a^T     .& 
ynn  10}  toifohiJ   •»!•',*  fo  latehriM  srit  noquwatffol 


ion  ob  afiuj«  !>«'>:lf  'JG'<  r>iit  Jb-dl  .I^hr/o-j-;    •«•>/.  e; 

-Bii-.i'JvI  3*1)  /'I  r»jii!r«fO'i«  »  (i-oJ  'jVi-ii  viis!'  ii-M(!iV  JnitouiiS 


.  ..  . 

AN  ACT 

RELATING  TO  THE  SEARCHING  OF  SHIPS  FOP.  DESERTERS. 

Approved  May  mh,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  It  shall  be  lawful  for  any  Marshal,  Sheriff  or  other 
Police  Officer  to  search  foreign  vessels  in  any  port  of  this  Kingdom, 
for  deserters,  without  a  warrant,  on  producing  to  the  commanding 
officer  of  the  vessel  they  wish  to  search,  their  commission  or  appoint- 
ment as  Police  Officer;  provided,  that  nothing  in  this  section 
shall  be  so  construed,  as  to  apply  to  vessels  of  war,  or  other  vessels 
commanded  by  officers  bearing  the  Commissions  of  Foreign  States, 
and  not  subject  to  search  by  the  law  and  usage  of  nations. 

SECTION  2.  The  commanding  officer  of  any  vessel,  who  shall 
refuse  such  Police  Officer  access  to  the  vessel,  or  to  any  part  of  the 
same,  after  producing  his  commission  or  appointment,  shall  be  subject 
to  a  fine  of  not  exceeding  twenty-five  dollars. 

SECTION  3.  This  act  shall  take  effect  from  and  after  the  day  of  its 
passage. 


1853.  RELATING   TO    MUTINY.  23 


AN  ACT 

RELATING   TO   MUTINY  AND   SEDITION  ON  BOARD  OF  FOREIGN 
VESSELS  WHILST  IN  ANY  PORT  OF  THE  HAWAIIAN  ISLANDS. 

Approved  May  26tfi,  1853. 

WHEREAS,  acts  of  mutiny  on  board  foreign  vessels  visiting  the 
ports  of  the  Hawaiian  Islands  frequently  occur,  and  whereas,  the 
existing  laws  make  no  provision  for  the  arrest  of  such  mutineers 
and  their  detention : 

Therefore — 

:Sm'!!v,  .n.niios. •)»•«•'.)    ,•  \\ 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  Upon  written  application  made  to  the  Marshal,  any  of 
his  Sheriffs  or  their  Deputies,  by  any  Foreign  Consul,  Vice  Consul 
or  Commercial  Agent,  residing  in  this  Kingdom,  requesting  the 
arrest  of  any  mutinous  person  or  persons  on  board  of  any  vessel 
of  their  nation,  being  within  the  jurisdiction  of  this  Kingdom,  it  shall 
be  lawful  for  such  Marshal,  Sheriff  or  Deputy  Sheriff,  to  proceed  on 
board  such  vessel,  and  to  arrest  any  person  or  persons  named  or 
described  in  such  application;  provided,  the  same  shall  set  forth,  that 
such  Consul,  Vice  Consul  or  Commercial  Agent,  will  indemnify  the 
Marshal,  Sheriff  or  Deputy  Sheriff,  for  all  damages  which  may 
accrue  to  him  from  said  proceeding,  and  by  the  detention  of  such 
prisoners,  and  said  Foreign  Agent  will  pay  all  fees  and  costs  con- 
nected therewith. 

SECTION  2.  It  shall  be  lawful  for  the  Marshal,  Sheriff  or  Deputy 
Sheriff,  to  detain  such  arrested  mutineer  or  mutineers  in  prison, 
until  called  for  by  the  Foreign  Agent  who  caused  their  arrest. 

SECTION  3.  This  act  shall  take  effect  from  and  after  the  day  of  its 
passage. 

ij  JJ  14,        1> 


24  RELATING    TO    REPRESENTATIVES.  SfiSS. 


AN  ACT 

TO  REGULATE  THE  NUMBER  OF  THE  REPRESENTATIVES  OF  THE 
PEOPLE. 

Approved  May  26th,  1853. 

WHEREAS,  by  the  76th  article  of  the  Constitution,  it  is  made  the 
duty  of  the  Legislature,  at  stated  times,  to  regulate  the  Representa- 
tives of  the  people: 

Therefore — 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

'<^L\ 

SECTION  1.     That,  in  future,  the  Islands  of  Molokai  and  Lanai  shall 

form  one  Election  District,  to  be  called  the  District  of  Molokai. 

SECTION  2.  That  in  future,  the  Island  of  Niihau  shall  form  a  part 
of  the  Election  District  of  Kona,  (from  Nualolo  to  Hanapepe)  on 

. 

the  Island  of  Kauai. 

•  i  ~»i  i(.>   ii- ''- 

SECTION  3.  That,  hereafter,  the  District  of  Kona  on  the  Island  of 
Hawaii,  shall  form  two  Election  Districts,  viz:  from  Keahualono  on 
Puohao,  to  be  called  the  District  of  North  Kona;  from  Puohao  to  Ka- 
heawai,  to  be  called  the  District  of  South  Kona. 

SECTION  4.  That  from  the  year  1854,  till  the  year  1859,  both 
inclusive,  the  number  of  the  Representatives  of  the  people  in  the 
Legislature  shall  be  as  follows,  viz: 

For  the  Island  of  Hawaii,  eight,  that  is  to  say, 
One  for  the  District  of  North  Kona. 
h.<*,yj"     "         "  South  Kona. 

«      <«      <c  (i  «      K'-iii 

jvau. 

"  ' ',->",  ;'i  ";  i,»™.-  Puna. 

Two"  "  yrf£i,  "  Hilo. 

One  "  "  "  "  Hamakua. 

"     "     "         "         "  Kohala. 


1853.  RELATING  TO  REPRESENTATIVES.  25 

For  the  Island  of  Maui,  six,  that  ia  to  say: 

Two  for  the  District  of  Labaina,  Olowalu,  Ukumehame  and  Kahoo- 
lawe. 

One  for  the  District  of  Kahakuloa    and  Kaanapali. 
One  from  Waihee  to  Honuaula. 
"       "      Kahikinui  to  Koolau, 
"       "      Hamakualoa  to  Kula. 
For  the  District  of  Molokai,  two. 
For  the  Island  of  Oahu,  eight,  that  is  to  say: 
Four  from  Maunalua  to  Moanalua,  inclusive. 
One  for  the  District  of  Ewa  and  Waianae. 
"     "     "         "  Waialua. 

"     "     "         "  Koolauloa. 

"     "     "         "  Koolaupoko. 

For  the  Island  of  Kauai,  three,  that  is  to  say: 

One  from  Nualolo  to  Hanapepe  inclusive,  (including  Niihau.) 
One  from  Wahiawa  to  Wailua. 
One  from  Kapaa  to  Awaawapuhi. 

SECTION  5.  The  Minister  of  Public  Instruction  shall  cause  five 
hundred  copies  of  this  Act,  to  be  printed  in  the  Hawaiian  language, 
and  circulated  throughout  the  Kingdom,  in  the  month  of  November, 
1853. 

SECTION  6.  This  act  shall  take  effect  from  after  the  day  of  its 
passage. 


26  LAND    TITLES.  SESS. 


AN   ACT 

ABLATING  TO  THE  BOARD   OF  COMMISSIONERS  TO  QUIET  LAND 

TITLES. 


Approved  May  26ffc.  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

That  all  claimants  of  land  within  this  Kingdom,  who  have  entered 
their  claims  with  the  Board  of  Commissioners  to  Quiet  Land  Titles, 
and  who  shall  not  have  appeared  before  the  said  Board  and  proved 
their  several  claims,  previous  to  the  first  day  of  May,  A.  D.  1854, 
shall  be  forever  barred  from  proving  the  same;  and  the  said  Board 
of  Commissioners  are  hereby  authorized  and  required  to  give  due 
notice  of  this  act,  through  the  Polynesian  and  Elele  newspapers, 
and  to  deal  with  all  outstanding  land  claimants  accordingly. 


1853  RELIEF    ACT.  27 


AN  ACT 

FOR  THE  RELIEF  OF  THE  MINISTER  OF  THE  INTERIOR. 

Approved  May  26*&,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

That  His  Highness,  Keoni  Ana,  His  Majesty's  Minister  of  the 
Interior,  shall  be,  and  is  hereby  released  from  all  responsibility  and 
obligation  of  re-imbursing  to  His  Majesty's  Treasury,  the  losses 
which  have  arisen,  or  may  arise,  to  the  same,  from  the  insolvency  of 
the  estate  of  the  late  Alfred  W.  Parsons. 


28  NEWSPAPER    LICENSE.  StSS. 


AN  ACT 
TO  ABOLISH  NEWSPAPER  LICENSE. 

Approved  May  26/A,  1863. 

WHERJCAS,  the  License  at  present  required,  for  the  publication  of 
Newspapers  and  Periodicals,  is  opposed  to  the  spirit  of  the  third 
article  of  the  Constitution: 

Therefore— 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

That  article  sixth  of  "Newspapers  and  Periodicals,"  of  chapter 
second,  part  first  of  an  act  entitled  "An  Act  to  Organize  the  Exe- 
cutive Departments  of  the  Hawaiian  Islands,"  passed  April  27th, 
1846,  be,  and  the  same  is,  hereby  repealed. 


1853. 


WHALERS'  PERMITS. 


AN  ACT 
RELATING  TO  WHALERS'  PERMITS. 

Approved  May  26^,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  section  XVII  of  article  I,  chapter  I,  part  II, 
of  the  2d  act  Kamehameha  III,  including  the  two  forms  of  Whalers' 
Permits,  be,  and  the  same  is,  hereby  repealed,  and  the  following 
Section  and  form  of  Permit  substituted  in  its  stead. 

Every  whaler  that  shall  have  been  duly  entered  at  the  Collector's 
office,  have  delivered  all  the  necessary  papers,  and  paid  the  legal 
charges  due  upon  such  entry,  shall  be  entitled  to  demand  and  receive 
from  the  Collector,  a  permit  to  trade  or  barter  goods  or  supplies, 
excepting  spirituous  liquors,  to  the  amount  of  twelve  hundred  dollars, 
original  invoice  value,  two  hundred  dollars  of  which,  shall  be  free  of 
duties,  without  being  subjected  to  any  charge  for  tonnage  or  harbor 
dues.  Said  permit  shall  be  in  the  following  words: 

WHALERS'  PERMIT 

TO      LAND     MERCHANDIZE. 

Office  of  Collector  of  Customs, ,  H.  I. 


Marks. 


No. 


Packages  and  Contents. 
Quantities  to  be  Specified. 


Value 
per  Invoice. 


Permission  is  hereby  given  to  Captain  of  the  whaler,  to 

land  from  said  vessel,  goods  or  »upplies,  excepting  spirituous  liquors,  as  above 


30  WHALERS'  PERMITS.  SESS. 

named,'the  same  being  entered  according  to  their  marks,  numbers  and  actual 
cost,  delivered  OH  board  as  per  original  invoice. 
N.  B. — Oil  and  bone  valued  as  follows: 
Sperm  oil         ,  Whale  oil         ,  Bone 

All  articles  to  be  landed  on  this  permit  must  be  entered  upon  it  with  ink, 
and  the  value  carried  out  before  leaving  the  vessel. 

,  Collector. 

To  which  shall  be  added  the  following  deposition: 

Port  of  H.  I. 

I,  Master  of  the  do  depose  on  oath  that  i  have 

not  exceeded  the  value  of  dollar  in  trade  or  barter  .with  the  inhabitants 

of  this   port  or  its  jurisdiction,  since  my  entry  on  the  day  of 

18    ,  and  1  have  not  landed  or  allowed  to  be  landed  from  my  said  vessel, 
any  goods  or  supplies  other  than  what  is  included  in  this  permit. 
Subscribed  and  sworn  to  before  me  this        day  of  18    . 

,  Collector. 

SECTION  2.  This  act  shall  take  effect  on  the  thirtieth  day  after  its 
passage,  and  all  laws,  or  parts  of  laws,  in  contravention  of  this  act, 
shall  be,  and  the  same  are,  hereby  repealed. 


1853.  PUBLIC  AUCTIONEERS.  31 


AN  ACT 

TO  AMEND  THE    LAWS  KELATING  TO  PUBLIC  AUCTIONEERS. 

Approved  June  Wth,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  all  officers  of  His  Majesty's  Government  who 
are  required  or  allowed,  by  law,  to  dispose  of  any  Government  pro- 
perty, shall  be,  and  are  hereby  authorized  to  cause  the  same  to  be 
disposed  of  at  public  auction,  without  the  intervention  of  a  licensed 
auctioneer,  excepting  such  property  as  may  be  required  to  be  sold  in 
Honolulu  or  Lahaina;  provided,  that  no  commissions  shall  be  allowed 
or  paid  to  the  agents  employed  by  such  officer,  for  effecting  such  sale 
at  auction,  other  than  would  have  been  allowed  or  paid  them,  in  case 
of  their  having  disposed  of  the  same  at  private  sale;  provided,  more- 
over, that  no  such  government  agent  shall  buy  either  for  himself  or 
for  any  relation  of  his,  or  through  another  for  himself,  any  Govern- 
ment property  so  exposed  for  sale,  under  penalty  of  double  the  value 
of  the  price  at  which  he  may  have  sold  such  pr.operty. 

SECTION  2.  That  public  notice  of  such  sale  shall  be  posted  up,  in 
the  native  and  English  languages,  throughout  the  district  in  which 
such  property  is  situated  and  also  in  Honolulu,  and  such  public  notice 
shall  be  inserted  in  the  Polynesian  newspaper  and  Elele  Hawaii,  at 
least  thirty  days  previous  to  the  day  of  sale. 

SECTION  3.  This  act  shall  take  effect  from  and  after  the  day  of  its 
passage. 


32  CORAL    AND    SAND.  SfiSS. 


AN  ACT 

RELATING  TO  CORAL  AND  SAND. 

Approved  June  16th,  1853. 

WHEREAS,  the  present  law  prohibiting  the  free  use  of  coral  and 
sand  is  a  burden  upon  the  people  without  any  corresponding  benefit 
to  the  Exchequer: 

Therefore — 

BE  IT  ENACTED,   by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  I.  That,  hereafter,  the  Government  reefs  shall  be  free, 
for  the  use  of  the  people.  Whoever,  being  a  Hawaiian  subject, 
shall  desire  coral  or  sand  from  the  Government  reefs  and  lands,  may 
freely  take  the  same,  either  for  his  own  use  or  for  sale  or  exportation; 
provided,  that  this  act  shall  not  apply  to  the  Government  domain  in 
Honolulu,  Oahu,  or  Lahaina,  Maui. 

SECTION  2.  That  so  much  of  section  2,  article  1,  chapter  7  of  part 
1st  of  an  "  Act  to  organize  the  Executive  Department,"  as  constitutes 
tne  taking  of  coral  and  fcand,  a  trespass,  is  hereby  repealed. 

SECTION  3.  This  Act  shall  take  effect  from  and  after  the  date  of 
its  passage. 


1853.  LAWS. 


AN  ACT 
REPEALING  CERTAIN  LAWS. 

Approved,  June  16th,  1853. 

BE  IT  ENACTED   by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  chapters  I,  2,  3,  4,  5,  6,  7,  8,  9,  10,  15,  16,  18, 
19,  20,  21,  22,  23,  24,  25,  26,  27,  43,  44,  45,  47,  48,  49,  51,  52, 
53,  54  and  55,  and  all  other  parts  of  the  old  laws,  entitled  "Laws  of 
the  Hawaiian  Islands,"  be,  and  the  same  are  hereby  repealed. 

SECTION  2.  This  Act  shall  take  effect  from  and  after  the  date  of  its 
passage. 


34  JUDICIAL    OFFICERS,    &C.  SfiSS. 


AN   ACT 

TO   PREVENT  JUDICIAL  OFFICERS  FROM  ACTING  AS  COUNSEL  OR 

ATTORNEYS  IN   SUITS  TRIED  BEFORE  THEM. 
P1"^!     r!!fi!  *  «v  i     T*vtwtr*t 

•Approved,  June  16th,  1853. 

BE  IT  ENACTED   by  the  King,  the  Nobles  and  the   Representatives  of  the 
Hawaiian  Islands,  in  Legislative   Cotmcil  assembled: 

SECTION  1.  No  person  shall  be  employed,  nor  allowed  to  appear  as 
counsel  or  attorney  before  any  court,  in  any  suit,  which  shall  have 
been  previously  determined,  before  himself,  as  a  Judge  or  Justice. 

SECTION  2.     This  act  shall  take  effect  from  and  after  its  passage. 


1853.  RELATING    TO    TRIALS.  35 


AN  ACT 

PROVIDING  FOR  THE  TRIAL  OF  DIFFERENT  DEGREES  OF  CERTAIN 
OFFENSES  UNDER  ONE  INDICTMENT. 

Approved,  June  16th,  1853. 

BE  IT  ENACTED  by  the  King,  the  Nobles,  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

SECTION  1.  Under  an  indictment  for  robbery,  larceny  or  any  other 
offense,  of  more  than  one  degree,  the  Jury  may,  when  the  evidence 
will  not  warrant  a  verdict  of  guilty  in  the  degree  for  which  the  pris- 
oner is  indicted,  return  a  verdict  for  any  lesser  degree  of  the  same 
offense. 

SECTION  2.     This  Act  shall  take  effect  from  the  day  of  its  passage. 


30  SECRETARY    OF    WAR.  SfiSS. 


AN  ACT 
RELATING   TO  THE   SECRETARY  AT   WAR. 

Approved,  June  16th,  1853. 

BE  IT  ENACTED  by  the  King,  the  JVobles  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  section  4  of  chapter  2,  part  2,  of  an  Act  entitled 
an  "Act  to  organize  the  Executive  Departments  of  the  Hawaiian 
Islands,"  and  other  laws  and  parts  of  laws,  conferring  the  duties,  or 
any  part  of  the  duties  of  Secretary  at  War  and  of  the  Navy  upon  any 
one  of  His  Majesty's  Ministers,  ex  officio,  shall  be,  and  the  same  are 
hereby  repealed;  and  His  Majesty  may,  in  his  discretion,  by  special 
commission,  confer  the  duties  of  said  office  upon  any  one  of  His 
Cabinet  Ministers,  or  upon  any  other  person,  as  He  may  judge  best, 
for  the  good  of  His  service;  provided  that  such  Secretary  at  War 
shall  not  be  entitled  to  receive  any  additional  pay  for  his  services  as 
such. 

SECITON  2.  This  act  shall  take  effect  from  and  after  the  date  of  its 
passage. 


1853.  RELATING    TO  ROAD  TAX.  37 


AN  ACT, 
DELATING  TO  THE   ROAD  TAX. 

Approved,  June  16th,  1853. 

BE  IT  ENACTED  by   the  King,   the   Nobles  and  the    Representatives  of 
the  Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  the  labor  tax  on  roads,  bridges,  and  the  like  pub- 
lic works,  shall  be,  and  is  hereby  reduced,  from  twelve  to  six  days' 
labor  annually;  Provided  that  eight  hours' labor  shall  be  considered 
a  full  day's  work. 

SECTION  2.  It  shall  be  optional  with  any  person  liable  to  the  road 
tax,  to  commute  for  the  same,  in  advance,  when  first  called  upon  by 
the  road  supervisor  or  his  deputy,  by  paying  him  the  sum  of  two  dol- 
lars. 

SECTION  3.  Every  male  inhabitant  of  the  kingdom  between  the 
ages  of  sixteen  and  fifty  years,  shall  be,  and  is  hereby  declared  to  be 
liable  to  the  road  labor  tax. 

SECTION  4.  The  following  persons  alone  shall  be  exempt  from  the 
road  labor  tax,  viz  :  His  Majesty  the  King  ;  all  diplomatic  agents  of 
foreign  powers;  all  clergymen  and  school  teachers  actually  employed; 
also  all  regular  soldiers  and  their  officers  ;  all  firemen  legally  organ- 
ized ;  all  insane  persons  and  cripples  :  and  all  persons  incapable  of 
labor  by  reason  of  long  sickness. 

SECTION  5.  That  the  people,  at  the  time  and  place  fixed  for  the  elec- 
tion of  Representatives  to  sit  in  Legislative  Council,  shall  elect  by 
ballot,  in  the  same  manner  that  the  representatives  are  elected,  a 
road  Supervisor,  in  each  of  their  respective  districts,  who  shall  hold  his 
office  for  one  year  from  the  date  of  his  election;  provided  always,  that 
in  case  of  the  death  or  resignation  of  any  Supervisor  so  elected,  a 
new  election  shall  be  held  as  before. 

SECTION  6.  The  road  Supervisors,  within  their  respective  districts, 
shall  have  the  direction  of  the  public  labor,  on  roads,  bridges  and  all 


38  RELATING  TO  THE  ROAD  TAX.  SfiSS. 

public  highways,  but  shall  lay  out  no  new  road,  or  shut  up  any  old 
road,  without  first  calling  a  meeting  of  those  persons,  who  are  subject 
to  the  road  tax,  in  their  respective  districts,  by  giving  five  days  pub- 
lic notice  of  the  time  and  place  of  said  meeting,  and  taking  their  voice 
on  the  propriety  of  the  measure.  This  voice,  whether  for  or  against 
the  measure  proposed,  shall  be  obeyed. 

SECTION  7.  The  said  Supervisors  shall  collect  and  disburse  all  road 
taxes  within  their  respective    districts;   and   no   portion   of  said  tax 
shall  be   expended  in  any  other  district,  except  with  the  consent  of 
the  people  of  the  district,  expressed  in  public  meeting,  called  as  pro- 
vided in  the  preceding  section. 

SECTION  8.  The  road  Supervisors  may  appoint  deputies  for  their  re- 
spective districts,  not  exceeding  one  for  every  fifty  taxable  persons  in 
the  district,  whose  only  compensation  shall  be  exemption  from  the 
road  labor  tax. 

SECTION  9.  Every  road  Supervisor  shall,  on  the  31st  day  of  Decem- 
ber of  each  year,  render  to  the  Minister  of  the  Interior,  in  writing  a  de- 
tailed report  of  his  transactions  during  the  year  preceding,  stating  at 
least,  the  number  of  persons  liable  to  the  road  tax  in  his  district;  the 
number  of  days  worked  by  them  the  amount  of  cash  received,  as  com- 
mutation; the  amount  of  tax  still  due;  the  amount  of  cash  on  hand 
at  the  commencement  of  the  year;  the  amount  expended,  and  the 
amount  on  hand;  the  number  and  condition  of  government  tools  on 
hand,  and  the  number  of  days  of  his  own  personal  service. 

SECTION  10.  The  road  Supervisors,  upon  rendering  such  report, 
shall  receive  such  compensation,  as  the  Minister  of  the  Interior  may 
deem  just,  out  of  the  monies  appropriated  for  that  purpose,  by  the 
Legislature. 

SECTION  11.  All  monies  appropriated  by  the  Legislature  for  the 
roads  of  the  respective  districts,  shall  be  drawn  from  the  treasury  by 
the  Minister  of  the  Interior,  and  expended  by  the  road  supervisors 
under  his  general  direction. 

SECTION  12.  Any  road  Supervisor,  who  shall  fraudulently  free  any 
person,  from  road  labor,  not  exempted  by  law,  or  who  shall  not  work 
the  persons  liable  to  the  road  tax,  the  full  number  of  days  and  hours 
prescribed  in  this  act,  shall  on  conviction  thereof  before  any  District 


1853.  RELATING  TO  THE  ROAD  TAX.  39 

Justice,  be  fined  five  dollars  for  each  such  offense;  all  such  fines  to  be 
expended  as  part  of  the  road  tax  of  such  district. 

SECTION  13.  The  said  Supervisors  within  their  respective  districts, 
shall  have  power  to  sue  for,  and  collect  by  execution,  all  road  taxes 
unpaid  on  the  last  day  of  October. 

SECTION  14.  It  shall  not  be  lawful  for  any  road  Supervisor,  to  com- 
pel the  people  of  any  neighborhood  to  go  more  than  five  miles  beyond 
their  residence,  to  labor  on  any  road,  unless  by  a  vote  of  the  people 
of  the  district  expressed  in  public  meeting,  called  as  hereinbefore  pro- 
vided in  section  6. 

SECTION  15.  The  road  Supervisors,  in  case  of  indolence,  disorderly 
or  mutinous  conduct,  on  the  part  of  the  workmen,  shall  have  power  to 
authorize  and  require  any  constable,  to  apprehend  any  delinquent, 
and  take  him  before  any  district  justice,  who  shall,  unless  good  cause 
be  shown  to  the  contrary,  sentence  such  delinquent  to  hard  labor, 
not  more  than  five  days. 

SECTION  16.  It  shall  be  lawful  for  the  several  Supervisors,  to  com- 
mute for  the  labor  tax  on  roads,  with  all  persons  employed  by  the  month 
or  year,  or  with  their  employers,  either  to  complete  a  certain  amount  of 
work  on  the  road,  or  to  work  by  the  day,  with  carts,  plows,  or  other  im- 
plements, as  may  be  agreed  upon  as  a  commutation  for  the  road  tax, 
of  all  his  laborers  liable  to  this  tax. 

SECTION  17.  It  shall  be  the  duty  of  each  road  Supervisor,  to  sur- 
render to  his  successor  in  office,  on  or  before  the  loth  day  of  Jan- 
uary, all  accounts  and  other  papers  relating  to  the  office,  and  all  mon- 
ies which  he  may  have  on  hand,  arising  from  the  commutations,  and 
other  sources,  together  with  all  implements  belonging  to  the  govern- 
ment, which  may  be  in  his  possession. 

SECTION  18.  Upon  a  written  complaint  being  brought  before  the  in- 
spectors of  elections  of  any  district,  signed  by  at  least  fifty  of  the  inhab- 
itants of  said  district,  setting  forth  that  their  road  Supervisor  is  guilty 
of  a  breach  of  the  law,  specifying  the  particular  charges  against  such 
Supervisor,  it  shall  be  the  duty  of  said  inspector  of  elections  to  give 
such  complaint  a  hearing,  and  upon  proper  cause  being  shown,  to  dis- 
miss said  Supervisor  from  office,  and  to  order  a  new  election  of  a  road 
Supervisor,  at  least  ten  days  previous  to  the  day  of  election. 

SECTION  19.  It  shall  be  the  duty  of  every  man  liable  to  the  labor 
tax  for  the  roads,  to  appear  punctually  at  the  time  appointed,  with  suit- 


40 


RELATING    TO    THE  ROAD  TAX.  SfiSS. 


able  implements  for  the  work,  and  to  work  diligently,  as  directed  by 
the  Supervisor,  otherwise  he  shall  be  liable  to  the  penalty  hereinbe- 
fore provided  in  Section  15. 

SECTION  20.  Should  any  person  find  it  inconvenient  to  work  on  the 
roads,  as  aforesaid  in  person,  at  the  time  appointed,  he  may  employ  a 
substitute,  or  he  shall  pay  to  the  Supervisor,  fifty  cents  for  each  day 
on  which  he  fails  to  work,  as  directed  by  the  Supervisor. 

SECTION  21.  Every  person  who  is  liable  to  the  road  tax,  shall  be 
liable  to  the  labor  tax  on  roads,  in  the  district  where  he  is  found  on 
the  labor  day  appointed  by  the  road  Supervisor,  for  that  District,  un- 
less he  be  provided  with  a  certificate  from  some  Road  Supervisor,  that 
he  has  already  performed  his  labor,  or  paid  his  commutation  for  the 
current  year,  in  some  other  district. 

SECTION  22.  In  laying  out  any  new  road,  or  planning  any  bridge, 
as  provided  in  section  6,  respect  shall  be  had  to  the  private  vested 
rights  of  property  which  any  private  individual  may  have  in  the  land 
over  which  said  road  shall  be  intended  to  pass,  and  over  which  any 
such  bridge  shall  be  intended  to  extend.  It  shall  be  the  duty  of  the 
Supervisor,  immediately  after  such  new  road  or  bridge  has  been  de- 
termined upon,  as  in  section  6,  to  cause  notices  to  be  posted  along 
the  line  of  such  proposed  new  road  or  bridge  advertising  the  fact,  and 
summoning  all  parties  interested  therein,  to  bring  forward  their  claims 
to  the  nearest  circuit  Judge. 

SECTION  23.  It  shall  be  lawful  for  the  Circuit  Judge  to  appoint  a 
commission  of  three  disinterested  persons  to  assess  the  value  of  the 
private  property  so  to  be  appropriated  to  the  public  use,  and  also  the 
damages  likely  to  be  sustained  by  the  present  owner,  whose  decision 
shall  determine  the  price  to  be  given  by  the  government  for  such  pri- 
vate property ;  Provided  the  owner  shall  have  the  right  of  appeal  from 
the  decision  of  said  committee,  to  a  jury  of  twelve  men  (with  the 
usual  right  of  objection  for  cause,)  to  be  empanelled  by  the  circuit 
Judge,  who  shall  send  a  certified  copy  ot  the  decision  of  said  commit- 
tee, or  of  said  Jury,  to  the  Minister  of  the  Interior,and  give  a  cer- 
tificate also,  to  the  party  in  whose  favor  the  verdict  was  rendered. 

SECTION  24.  Upon  the  delivery  of  said  certificate  to  the  party  in 
whose  favor  the  verdict  was  rendered,  the  property  assessed  shall  revert 
to  the  public  use  intended,  without  further  conveyance,  and  the  hold- 


1853.  RELATING  TO  THE  ROAD  TAX.  41 

er  of  such  certificate,  shall  present  the  same  to  the  Minister  of  the 
Interior,  for  adjustment,  pursuant  to  the  provisions  of  the  succeeding 
section. 

SECTION  25.  The  Minister  of  the  Interior  shall  have  power  to  com- 
pound with  the  holder  of  any  such  certificate,  in  any  way  he  may 
deem  most  advantageous  to  the  government,  by  the  substitution  of 
other  land  or  other  privileges,  in  lieu  of  that  appropriated  for  the 
public  good;  and  he  shall  also  present  to  the  Legislature,  annually, 
a  report  of  such  certificates,  as  he  may  not  have  been  able  to  cancel, 
in  the  manner  above  prescribed. 

SECTION  26.  This  act  shall  take  effect  on  the  first  day  of  January, 
A.  D.  1854,  and  all  former  acts  relating  to  road  taxes,  shall  be  and 

are  hereby  repealed. 
6 


; ••-;.  .   ^.HUSIP-  erit  t>i  :.§njM»fi  s«|s  •»-»>/» 


42  SUMMARY    PROCEEDINGS.  SESS. 


AN  ACT 

PROVIDING  SUMMARY  PROCEEDINGS  TO  RECOVER  POSSESSION  OF 
LAND  IN  CERTAIN  CASES. 

Approved,  July  6th,  1853. 
WHEREAS  there    is   now  no  way  of  removing  tenants  wrongfully  in 

possession  of  lands,  but  by  the    long  and  tedious  process  of  a  suit 

of  ejectment, 

Therefore, 
BE  IT    ENACTED  by  the  King,  the  Nobles   and  the    Representatives  of 

the  Hawaiian    Islands  in  Legislative  Council  assembled: 

SEC.  1.  When  the  lessee  of  any  lands  or  tenements,  or  any  person 
holding  under  such  lessee,  shall  hold  possession  of  the  demised  prem- 
ises, without  right,  after  the  determination  of  the  lease,  either  by  its 
own  limitation  or  by  a  notice  to  quit  of  at  least  ten  days,  the  person 
entitled  to  the  premises  may  be  restored  to  the  possession  in  the  man- 
ner hereinafter  provided. 

SEC.  2.  The  person  entitled  to  the  possession  of  the  premises,  may 
apply  to  any  police  or  district  justice  for  a  writ  in  the  form  used  for  an 
original  summons  in  common  civil  actions  before  such  justices,  in 
which  the  defendant  shall  be  summoned  to  answer  the  complaint  of 
the  plaintiff,  for  that  the  defendant  is  in  the  possession  of  the  lands  or 
tenements  in  question,  describing  them,  which  he  holds  unlawfully, 
and  against  the  right  of  the  plaintiff,  and  no  other  declaration  shall  be 
recognized. 

SECTION  3.  Such  summons  shall  be  served  either, 

1.  By  delivering  to  the  tenant,  to  whom  it  shall  be  directed,  a  true 
copy  thereof,  and  at  the  same  time  showing  him  the  original,  or, 

2.  If  such   tenant  be  absent  from  his  last  or  usual  place   of  resi- 
dence, by  leaving  a  copy  thereof  at  such  place,  with  some  person  of 
mature  age  residing  in  the  premises. 

SECTION  4.  The  summons  shall  be  returnable  within  such  time  as 


1853.  SUMMARY    PROCEEDINGS.  43 

shall  appear  reasonable  to  the  justice,  not  less  than  three  nor  more 
than  five  days,  and  the  suit  shall  be  conducted  like  other  civil  actions 
before  such  Justices. 

SECTION  5.  If  the  defendant  shall  be  defaulted,  or  if  on  the  trial  it 
shall  be  proved  to  the  satisfaction  of  the  justice,  that  the  plaintiff  is 
entitled  to  the  possession  of  the  premises,  he  shall  have  judgment  for 
the  possession  thereof  and  for  his  costs,  and  execution  shall  issue  ac- 
cordingly. 

The  writ  of  possession  shall  issue  to  the  Marshal,  or  to  any  sheriff 
or  constable  of  the  city  or  district  where  the  premises  are  situated, 
commanding  him  to  remove  all  persons  from  said  premises,  and  to  put 
the  plaintiff  or  his  agent  into  the  full  possession  thereof. 

SECTION  6.  The  officer  to  whom  such  warrant  for  delivering  pos- 
session shall  be  directed  and  delivered,  is  hereby  required  to  execute 
the  same  according  to  the  tenor  thereof. 

SECTION.  7.  Whenever  a  warrant  shall  be  issued  as  aforesaid 
for  the  removal  of  any  tenant,  the  contract  for  the  use  of  the  pre- 
mises, if  any  such  exists,  and  the  relation  of  landlord  and  tenant 
between  the  parties,  shall  be  deemed  to  be  cancelled  and  annulled. 

SECTION  8.  The  issuing  of  such  warrant  of  removal  shall  be  stayed 
in  the  case  of  a  proceeding  for  the  non-payment  of  rent,  if  the  per- 
son owing  such  rent,  shall,  before  such  warrant  be  actually  issued, 
pay  the  rent  due,  and  all  the  costs  and  charges  of  the  proceedings  ;  or 
give  such  security  for  the  payment  thereof,  within  five  days,  as  shall 
be  satisfactory  to  the  justice  or  to  the  plaintiff. 

SECTION  9.  Any  justice  before  whom  a  suit  may  be  pending  for  the 
recovery  of  premises  may,  upon  the  request  of  either  party,  adjourn 
the  hearing  of  the  suit,  for  the  purpose  of  enabling  such  party  to 
procure  his  witnesses  when  it  shall  appear  to  be  necessary;  but  such 
adjournment  shall  in  no  case  exceed  five  days. 

SECTION  10.  Either  party  may  appeal  from  the  judgment  of  the  jus- 
tice, at  any  time  within  twenty-four  hours  after  the  entry  of  the 
judgment,  to  any  Circuit  Judge,  or  to  the  Supreme  Court;  but  the 
appellant  shall,  before  the  allowance  of  his  appeal,  file  with  the  justice 
a  bond,  with  sufficient  surety  or  sureties,  to  the  adverse  party,  in  the 
sum  of  one  hundred  dollars,  with  condition  to  prosecute  his  appeal 
without  delay,  and  to  pay  all  the  costs  arising  from  the  appeal,  ID  case 
the  decision  of  the  justice  is  affirmed. 


44  SUMMARY    PROCEEDINGS.  SfiSS. 

SECTION  11.  When  the  defendant  is  proceeded  against  for  the  non- 
payment of  rent,  and  the  justice  decides  that  the  plaintiff  should  have 
possession,  the  defendant  shall  not  be  allowed  to  keep  possession  and 
take  his  appeal,  unless  he  first  gives  a  bond  to  the  plaintiff,  with  good 
and  sufficient  surety  or  sureties,  to  pay  all  rent  that  may  accrue  and 
become  due  after  the  appeal;  provided  it  shall  be  finally  determined 
that  the  plaintiff  was  entitled  to  the  possession. 

SECTION  12.  If  any  tenant,  being  in  arrear  for  rent,  shall  desert  the 
demised  premises,  and  leave  the  same  unoccupied  and  uncultivated, 
any  police  or  district  justice  may,  at  the  request  of  the  landlord,  and 
upon  due  proof  that  the  premises  have  been  so  deserted,  by  such  ten- 
ant leaving  rent  in  arrear,  go  upon  and  view  said  premises;  and  upon 
being  satisfied,  upon  such  view,  that  the  premises  have  been  so  de- 
serted, he  shall  affix  a  notice  in  writing  upon  a  conspicuous  part  of  the 
premises,  requiring  the  tenant  to  appear  and  pay  the  rent  due,  at  some 
time  in  the  said  notice  specified,  not  less  than  ten  nor  more  than  thirty 
days  after  the  date  thereof. 

SECTION  13.  At  the  time  specified  in  such  notice,  the  justice  shall 
again  view  the  premises  and  if  the  tenant  shall  appear  and  pay  the 
rent,  or  deny  that  any  rent  is  due  to  the  landlord,  all  proceedings  shall 
cease.  If,  upon  such  second  view,  the  tenant  or  his  agent  shall  not 
appear  and  pay  the  rent  in  arrear,  or  deny  that  any  rent  is  due,  then 
such  justice  may  put  the  landlord  into  possession  of  the  premises; 
and  any  demise  of  the  premises,  to  such  tenant,  shall  from  thence- 
forth become  void. 

SECTION  14.  An  appeal  from  the  proceedings  of  any  justice  under 
the  last  two  preceding  sections  may  be  taken  by  the  tenant  to  any 
Circuit  Judge  at  chambers,  or  to  the  Supreme  Court,  at  any  time 
within  one  month  after  possession  delivered,  by  serving  notice  in  wri- 
ting thereof  upon  such  justice,  and  by  giving  a  bond  in  the  sum  of 
one  hundred  dollars  with  good  and  sufficient  sureties,  to  be  approved 
by  the  justice,  to  pay  to  the  landlord  all  costs  of  such  appeal  which 
may  be  adjudged  against  the  tenant;  ana  thereupon  such  justice  shall 
send  up  a  copy  of  the  proceedings  had  before  him  within  ten  days  ap- 
peal taken,  and  shall  give  notice  to  the  landlord  of  such  appeal. 

SECTION  15.  This  act  shall  take  effect  from  and  after  its  passage. 


1853.  PROPEKTY  CONFISCATED.  45 


AN   ACT 

PROVIDING  FOR  THE  DIVISION  OF  THE  PROCEEDS  OF  PROPER- 
TY CONFISCATED  OR  FORFEITED,  AND  FINES  IMPOSED  FOR 
VIOLATION  OF  THE  REVENUE  LAWS. 

Approved,  July  6th,  1853. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  the  proceeds  of  all  property  confiscated  and  sold 
according  to  law,  for  violation  of  the  revenue  laws,  after  deducting 
the  legal  commissions  for  selling  the  same,  the  advertising  and  all  other 
necessary  expenses,  shall  be  paid  in  to  the  Collector  General  of  Cus- 
toms; and  also  all  fines  and  penalties  imposed  for  violation  of  the  Rev- 
enue Laws,  after  deducting  the  costs  of  court. 

SECTION  2.  The  proceeds  of  all  penalties  and  forfeitures  under  the 
revenue  laws,  after  deducting  the  legal  charges  and  costs  as  provided 
in  the  foregoing  section,  shall  be  divided  as  follows; — one  half  shall  be 
paid  and  accounted  for  by  the  Collector  General  of  Customs  to  the 
Hawaiian  Exchequer;  one  fourth  to  the  person  or  persons  who  gave 
the  definite  information  which  led  directly  to  the  seizure,  or  induced 
the  prosecution;  and  one  fourth  to  the  person  who  made  the  seizure, 
or  entered  the  prosecution.  If  no  other  person  has  a  claim  as  inform- 
er, then  the  one  making  the  seizure  or  entering  the  prosecution  shall 
be  entitled  to  one  half. 

SECTION  3.  If  any  person,  entitled  to  a  share  of  the  penalty  or  for- 
feiture,  shall  be  necessary  as  a  witness  on  the  trial,  he  may  be  exam- 
ined, but  in  such  case  his  share  of  the  same  accrues  to  the  Exchequer, 

SECTION  4.  Every  person  having  a  claim  for  a  share  of  any  penalty 
or  forfeiture  shall  state  the  same  in  writing,  upon  oath,  to  the  Col- 
lector General  of  Customs  within  thirty  days  from  the  date  of  the  seiz« 
ure,  or  from  the  time  when  the  fine  or  penalty  is  imposed,  otherwise  he 
shall  forfeit  his  claim. 


46  PROPERTY  CONFISCATED.  SESS. 

SECTION  5.  The  Collector  General  of  Customs  shall  pay  to  the  sev- 
eral claimants  according  to  their  right  under  the  law,  of  which  he  shall 
be  the  judge,  subject  to  an  appeal  to  the  Commissioners  of  Customs 
within  ten  days. 

•  SECTION  6.  No  officer  shall  be  entitled  to  any  share  of  a  fine  or  for- 
feiture for  the  violation  of  the  revenue  laws  by  virtue  of  his  office,  or 
shall  be  debarred  from  recovering  a  share  on  account  of  his  office  or 
salary. 

SECTION  7.  All  spirituous  liquors,  seized  and  condemned  for  viola- 
tion of  the  revenue  laws,  shall  be  sold  in  bond,  and  be  subject  to  ex- 
portation, or  to  withdrawal  for  consumption,  upon  payment  of  the  legal 
duties,  the  same  as  if  they  had  been  legally  imported;  and  the  person 
or  persons  entitled  to  a  share  of  the  proceeds  of  the  article  condemned 
and  sold,  on  account  of  having  seized  the  same  or  given  the  informa- 
tion which  led  directly  to  the  seizure,  shall  receive  a  share  of  the  du- 
ties actually  paid  on  such  liquors,  in  the  proportions  named  in  the  sec- 
ond section  of  this  act. 

SECTION  8.  All  property  other  than  spirituous  liquors,  seized  and 
condemned  for  violation  of  the  revenue  laws,  shall  be  sold  according 
to  law  and  without  any  reference  to  duties,  and  the  proceeds  shall 
be  divided  as  provided  in  the  second  section  of  this  act. 

SECTION  9.  This  act  shall  be  in  force  from  and  after  the  date  of  its 
passage,  and  all  laws  or  parts  of  laws  inconsistent  herewith  shall  be 
and  hereby  are  repealed. 


1853.  PERSONAL    ACTIONS.  47 


AN  ACT 

TO  LIMIT  THE  TIME  OF  COMMENCING  PERSONAL  ACTIONS. 

Approved,  July  6th,  1853. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled : 

SECTION  1.  That  the  following  actions  shall  be  commenced  within 
six  years  next  after  the  cause  of  such  action  accrued,  and  not  after: 

1.  Actions  for  the  recovery  of  any  debt  founded  upon  any  contract, 
obligation  or  liability,  excepting  such  as  are  brought  upon  the  judg- 
ment or    decree   of  some   Court  of  Record. 

2.  Actions  upon  judgments  rendered  in  any  Court  not  being  a  Court 
of  Record. 

3.  Actions  of  debt,  for  arrearages  of  rent. 

4.  Actions  for  trespass  upon  land. 

5.  Actions  for  taking,  detaining  or  injuring  any  goods  or  chattels, 
including  actions  of  replevin. 

6.  Special  actions  on  the  case  for  criminal  conversation,  for  libels, 
or  for  any  other  injury  to  the  persons   or  rights  of  any,  except  such 
as  are  specified  in  the  two  next  sections. 

SECTION  2.  The  following    actions  shall  be  commenced  within  two 
years  after  the  cause  of  action  accrued,  and  not  after: 

1.  Actions  for  assault  and  battery. 

2.  Actions  for  false  imprisonment. 

3.  Actions  for  words  spoken  slandering  the  character  or  title  of  any 
person. 

4.  Actions  for  words  spoken  whereby  special  damages  are  sustained. 

5.  Actions  against  the   Marshal,   sheriffs,  or   other  officers,  for  the 
escape  of  prisoners  or  upon  any  liability  incurred  by   them,  by  the 
doing   any   act  in  their  official   capacity,  or  by  the  omission  of  any 
official  duty. 

SECTION  3.  In  all  actions  of  debt,  account  or  assumpsit  brought  to 


48  PERSONAL     ACTIONS.  SfiSS. 

recover  any  balance  due  upon  a  mutual,  open  and  current  account,  the 
cause  of  action  shall  be  deemed  to  have  accrued,  from  the  time  of  the 
last  item  proved  in  such  account. 

SECTION  4.  If  any  person  entitled  to  bring  any  action  in  this  act  spec- 
ified (excepting  actions  against  the  Marshal,  sheriffs  or  other  officers) 
shall,  at  the  time  the  cause  of  action  accrued  be,  either, 

J.  Within  the  age  of  twenty  years;  or 

2.  Insane;  or 

3.  Imprisoned  on  a  criminal  charge,  or  in  execution  under  the  sen- 
tence of  a  criminal  court  for  a  term  less  than  his  natural  life;  or, 

4.  A  married  woman. 

Such  person  shall  be  at  liberty  to  bring  such  actions  within  the 
respective  times  in  this  act  limited,  after  such  disability  removed. 

SECTION  5.  If  any  person  entitled  to  bring  any  action  in  this  act  spe- 
cified shall  die  before  the  expiration  of  the  time  herein  limited  for  the 
commencement  of  such  suit,  if  such  cause  of  action  shall  survive  to 
his  representative,  his  executors  or  administrators  may,  after  the  expi- 
ration of  such  time  and  within  one  year  after  such  date,  commence 
such  action;  but  not  after  that  period. 

SECTION  6.  If  at  the  time  when  any  cause  of  action  specified  in 
this  act  shall  accrue  against  any  person,  he  shall  be  out  of  this  king- 
dom, such  action  may  be  commenced  within  the  terms  herein  respect- 
ively limited,  after  the  return  of  such  person  into  this  kingdom;  and  if, 
after  such  cause  of  action  shall  have  accrued,  euch  person  shall  depart 
from  and  reside  out  of  this  kingdom,  the  time  of  his  absence  shall  not 
be  deemed  or  taken  as  any  part  of  the  time  limited  for  the  com- 
mencement of  such  action. 

SECTION  7.  When  an  action,  commenced  within  the  time  prescribed 
by  law,  shall  abate  by  reason  of  the  death  of  the  plaintiff,  if  the  right 
of  the  action  survive  to  his  representatives,  his  executor  or  administra- 
tor may,  within  one  year  after  such  death  commence  a  new  action. 

SECTION  8.  Whenever  the  commencement  of  any  suit  shall  be  stay- 
ed by  an  injunction  of  any  court  of  Equity,  the  time  during  which 
such  injunction  shall  be  in  force  shall  not  be  deemed  any  portion  of 
the  time  in  this  act  limited  for  the  commencement  of  such  suit. 

SECTION  9.  When  a  suit  shall  be  alledged  by  a  plaintiff  to  have  been 


1853.  PERSONAL  ACTIONS.  49 

commenced  within  the  time  required  by  law,  and  such  allegation  shall 
be  put  in  issue  by  the  defendant,  it  shall  be  competent  for  the  de- 
fendant to  prove,  on  the  trial,  that  the  process  issued  by  the  plaintiff 
was  not  issued  with  the  intent  or  in  the  manner  required  by  law  ;  or 
that  any  means  whatever  were  used  by  the  plaintiff  or  his  attorney  to 
prevent  the  service  of  the  writ,  or  to  keep  the  defendant  in  igno- 
rance of  the  issuing  thereof. 

SECTION  10.  Upon  any  such  matter  being  established,  or  upon  its 
appearance  in  any  other  way  that  any  process  was  issued  without  any 
intent  that  it  should  be  served,  such  process  shall  not  be  deemed  the 
commencement  of  a  suit  within  the  meaning  of  any  of  the  provisions  of 
this  act. 

SECTION  11.  No  person  shall  avail  himself  of  any  disability  enume- 
rated in  this  act,  unless  such  disability  existed  at  the  time  his  right  of 
action  accrued. 

SECTION  12.   Where  there  shall  be  two  or  more  such  disabilities  exist-  , 
ing  at  the  time  the  right  of  action  accrued,  the  limitations  herein  pre- 
scribed shall   not  attach  until  all    such   disabilities  be  removed. 

SECTION  13.  The  provisions  of  this  act  shall  not  extend  to  any  ac- 
tion which  is  or  shall  be  limited  by  any  statute  to  be  brought  within  a 
shorter  time  than  is  herein  prescribed;  but  such  action  shall  be  brought 
within  the  time  limited  by  such  statute. 

SECTION  14.  If  any  person  who  is  liable  to  any  of  the  actions  men- 
tioned in  this  act  shall  fraudulently  conceal  the  cause  of  such  action 
from  the  knowledge  of  the  person  entitled  thereto,  the  action  may  be 
commenced  at  any  time  within  six  years  after  the  person  who  is  enti- 
tled to  bring  the  same  shall  discover  that  he  has  such  cause  of  action, 
and  not  afterward. 

SECTION  15  All  the  provisions  of  this  act  shall  apply  to  the  case  of 
any  debt  on  contract,  alleged  by  way  of  set-off  on  the  part  of  a  de- 
fendant, and  the  time  of  limitation  of  such  debt  shall  be  computed  in 
like  manner  as  if  an  action  had  been  commenced  therefor,  at  the  time 
when  the  plaintiff's  action  commenced. 

SECTION  16.  Every  judgment  and  decree  in  any  court  of  record  of 
this  kingdom  shall  be  presumed  to  be  paid  and  satisfied,  at  the  expira- 
tion of  twenty  years  after  the  judgment  or  decree  was  rendered. 


50  PERSONAL  ACTIONS.  SESS. 

SECTION  17.  The  provisions  of  this  act  shall  not  apply  to  any  actions 
commenced,  nor  to  any  cases  where  the  right  of  action  shall  have  ac- 
crued before  the  time  when  this  act  takes  effect  as  a  law;  but  the  same 
shall  remain  subject  to  the  laws  now  in  force. 

SECTION  18.  This  act  shall  lake  effect  from  and  after  the  first  day  of 
August,  A.  D.  1S53. 


1853.  POLICE     COURTS.  51 


AN  ACT 

TO  REMOVE  FROM  THE  POLICE    AND    DISTRICT  COUR'J  S  THE  JU- 
RISDICTION  IX  CASES    OF  LARCENY  IN  THE  SECOND  DEGREE. 

Approved,  July  (tth,  1853. 

BE   IT  ENACTED   by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian    Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  the  third  division  of  section  1,  chapter  53  of  the 
Penal  code,  be  and  the  same  is  hereby^amended  by  striking  out  the 
word  "second,"  and  hereafter  no  Police  Magistrate  or  District 
Justice  shall  have  jurisdiction  incases  of  Larceny  in  the  second  degree 
as  described  in  the  second  division  of  the  15th  section  of  the  16th 
chapter  of  the  Penal  Code,  but  such  cases  shall  be  tried  by  a  jury. 

SECTION  2.  This  act  shall  become  a  law  in  thirty  days  from  the  date 
of  its  publication  in  the  Polynesian  newspaper  and  Elele  Hawaii. 


52  DESERTERS.  SESS. 


AN  ACT 
RELATING  i'O  DESERTERS  FROM  VESSELS. 

Approved,  July  6//i,  1853. 

BE    IT   ENACTED    by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

SECTION  1.  If  any  seaman  desert  from  a  foreign  vessel  the  command- 
ing officer  shall  within  forty-eight  hours  thereafter  inform  the  Harbor 
Master,  whose  duty  it  shall  be  to  notify  the  Prefect  of  Police,  who 
shall  cause  diligent  search  to  be  made  for  such  deserter,  for  the  end 
.  that  he  may  be  restored  to  his  vessel.  If  the  deserter  be  found  near 
the  harbor,  where  the  vessel  is  at  anchor,  the  Prefect  shall  be  entitled 
to  recover  from  the  commanding  officer,  for  his  apprehension,  six  dol- 
lars; if  found  without  the  reasonable  and  usual  precincts  of  the  harbor, 
the  Prefect  shall  be  entitled  to  recover  from  the  commanding  officer 
twelve  dollars,  besides  such  necessary  expenses  as  may  have  been  in- 
curred in  apprehending  such  deserter.  In  case  the  deserting  seaman 
shall  remain  in  prison  after  his  arrest,  the  commanding  officer  of  the 
vessel  from  which  he  may  have  deserted,  shall  pay  one  dollar  for  each 
and  every  day  said  deserter  shall  remain,  and  in  all  cases  when  a  ves- 
sel shall  have  left  her  port,  and  any  person  being  arrested  who  deserted 
from  the  same  shall  remain  in  prison,  he  shall  be  liable  to  pay  the  same 
fee  for  his  arrest  as  above  prescribed. 

SECTION  2.  At  those  ports  of  entry  where  there  is  no  harbor  master, 
the  notice  of  desertion  shall  be  made  to  the  Collector  of  Customs, 
who  shall  notify  immediately  the  head  of  police,  and  in  all  cases  one 
half  of  the  fees  for  apprehending  deserters  shall  be  paid  to  the  person 
or  persons  who  apprehend  them,  and  the  other  half  to  the  highest  officer 
of  police  at  the  port  where  such  deserter  is  delivered  up. 

SECTION  3.  This  act  shall  take  effect  from  and  after  the  day  of  its 
passage,  and  all  laws  contravening  this  act  are  hereby  repealed. 


1851).  CONVEYANCES.  53 


AN   ACT 

PRESCRIBING  FEES  OF  SEARCH  FOR  THE  REGISTRAR  OF 
CONVEYANCES. 

Approved,  July  6,  1853. 

BEIT    EXACTED  by  the    King,  the   Nobles  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

That  from  and  after  the  passage  of  this  act  the  fees  of  the  Regis- 
trar of  Conveyances  for  searching  the  Records  of  his  office  and  giving 
the  certificate  required  by  law  for  the  same  shall  be,  and  is  hereby 
fixed  at  twenty-five  cents  for  each  search,  for  each  year  searched, 
including  the  certificate  before  mentioned. 


54  TRANSCRIPTS.  SESS. 


AN  ACT 

PROVIDING  THAT  CERTAIN  TRANSCRIPTS  FROM  THE  DOCKETS  OF 
COURTS  OF  RECORD  AND  OF  CERTAIN  OTHER  COURTS  SHALL  BE 
ADMITTED  AS  EVIDENCE. 

Approved,  July  6,  1853. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled : 

SECTION  1.  A  transcript  of  any  of  the  records  and  judicial  proceed- 
ings of  any  court  of  record,  or  of  any  judge  of  a  court  of  record,  at 
chambers,  shall  be  admitted  in  evidence,  upon  being  authenticated  by 
the  attestation  of  the  clerk  of  such  court  with  the  seal  of  such  court 
annexed,  or  of  the  judge  at  chambers  before  whom  the  proceedings 
were  had,  with  the  seal  of  his  office  annexed. 

SECTION  2.  A  transcript  from  the  docket  of  any  police  or  district  jus- 
tice, of  any  judgment  had  before  him,  of  the  execution  issued  thereon, 
if  any,  and  of  the  return  to  such  execution,  if  any ;  when  subscribed  by 
said  justice,  shall  be  evidence  to  prove  the  facts  stated  in  such  trans- 
cript, in  any  other  court. 

SECTION  3.  This  act  shall  take  effect  from  and  after  its  passage. 


1853.  APPOINTMENT    OF    AGENTS.  55 


AN  ACT 

TO  AMEID  THE  SECOND  SECTION  OF  THE  ACT  TO  PROVIDE  FOR 
THE  ANOINTMENT  OF  AGENTS  TO  SELL  GOVERNMENT  LANDS 
TO  THJ  PEOPLE. 

Approved,  July  6,  1853. 

BE  IT  EXACTED  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawa<an  Islands  in  Legislative  Council  assembled: 

S«cTi<v  1.  The  second  section  of  the  "Act  to  provide  for  the  ap- 
pointmen  of  agents  to  sell  government  lands  to  the  people,"  passed  on 
the  llth  ay  of  July  1851,  shall  be,  and  is  hereby  amended  by  striking 
out  the  fist  word  "fifty,"  and  inserting  in  its  place  the  words  "one 
hundred  *  also  by  striking  out  the  words  "  fifty  cents,"  and  substitu- 
ting in  tbir  place  the  words  "one  eighth  of  a  dollar." 

SECTKT  2.  The  compensation  allowed  said  agents  shall  be  deducted 
from  theamount  to  be  receipted  for  by  the  Minister  of  Finance,  as 
per  sectii  5,  article  2,  chapter  7,  part  1  of  the  act  to  organize  the 
executivtdepartments. 

SECTIC  3.  This  act  shall  take  effect  from  the  date  of  its  passage. 


56 


AUCTIONEERS. 


SESS. 


AN  ACT 
TO  AMEND  THE  LAW  RELATING  TO  PUBLIC  AUCTIONEERS. 

f- •  •'-,-  '  Approved,  Nov.  2d,  1853. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  he  Ha- 
waiian Islands  in  Legislative  Council  assembled. 

That  section  second  of  the  "  Resolution  to  amend  the  law  r«ating  to 
the  License  of  Public  Auctioneers,"  passed  June  2d  1851,jhall  be 
and  is  hereby  amended  by  striking  out  the  words  "for  the  \land  of 
Maui,  two  hundred  dollars." 


1863.  DISBURSEMENTS.  57 


AN  ACT 

REGULATING  THE  DISBURSEMENT  OF  MONEY  APPROPRIATED  FOR 

TI1E  MILITARY. 

Approved,  JVbv.  2nd,  1853. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in   Legislative   Council  assembled: 

That,  from  and  after  the  date  of  the  passage  of  this  act,  no  part  of 
any  appropriation,  which  may  be  made  for  military  purposes,  shall  be 
drawn  from  the  Treasury,  except  by  order  of  the  Secretary  of  War, 
whose  duty  it  shall  be  to  account  for  the  particulars  of  such  disburse- 
ments in  his  yearly  report  to  the  Legislature. 
8 


on;»iqf;fe!  rrf)  f 


.ogBiTf'ow 

Uff   OlU    ItStfi'    .f. 


iviJ  nt)j|J  Kiiv/  iJii 


58  DIVORCES.'  SESS. 


AN  ACT 

RELATING  TO  DIVORCES. 

Approved,  Nov.  2d,   1853. 

Whereas  the  present  laws  relating  to  Divorces,  owing  to  the  different 
enactments  on  that  subject,  are  in  a  state  of  confusion  and  uncertain- 
ty, which  it  is  very  desirable  to  remedy  ;  and  whereas  the  power 
of  granting  Divorces  is  in  too  many  hands  : 
Therefore, 

BE   IT  ENACTED  by  the  King,  the  Nobles  and   Representatives   of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

OF  DIVORCES  ON  THE   GROUND  OF    THE  NULLITY    OF  THE  MARRIAGE 

CONTRACT. 

Sec.  1. — The  Supreme  Court,  any  Circuit  Court,  or  any  Justice 
of  the  Supreme  Court  at  chambers,  may,  by  a  sentence  of  nullity, 
declare  void  the  marriage  contract  for  either  of  the  following  causes, 
existing  at  the  time  of  the  marriage. 

1.  That  the  parties  were  related  to  each  other  within  the  fourth 
degree  of  consanguinity. 

2.  That  the  parties,  or  either  of  them,  had  not  attained  the  legal  age 
of  marriage. 

3.  That  the  husband  had  an  undivorced   wife  living,   or  the  wife 
had  an  undivorced  husband  living  or  that  either  party  being  divorced, 
was  the  guilty  party  in  such  divorce,  and  that  the  former  husband  or 
wife  was  then  living. 

4.  That  the  husband  being  a  foreigner  has  failed  to  comply  with  the 
requirements  of  the  law  validating  marriages  with  the  female  subjects 
of  this  kingdom. 

5.  That  one  of  the  parties  was  an  idiot  or  lunatic. 

6.  That  one  of  the  parties  was  impotent  or  physically  incapable  of 
entering  into  the  marriage  state. 


1853.  DIVORCES.  59 

Sec.  2.  A  suit  to  annul  a  marriage  on  the  ground  that  one  of  the 
parties  was  under  legal  age,  may  be  brought  by  the  parent  or  guar- 
dian entitled  to  the  custody  of  such  minor,  or  by  any  person  admitted  by 
the  court  to  prosecute  as  the  friend  of  such  minor  ;  but  in  no  case 
shall  such  marriage  be  annulled  on  the  application  of  a  party  who  was 
of  legal  age  at  the  time  it  was  contracted,  nor  when  it  shall  appeal- 
that  the  parties  after  they  had  attained  the  legal  age  had  for  any  time 
freely  cohabited  as  man  and  wife. 

Sec.  3.  A  marriage  may  be  declared  null  on  the  ground  that  one  of 
the  parties  has  an  undivorced  husband  or  wife  living,  on  the  application 
of  either  of  the  parties  during  the  lifetime  of  the  other,  or  upon  the 
application  of  such  former  husband  or  wife. 

Sec.  4.  Every  woman  who  shall  be  deceived  into  contracting  an  ille- 
gal marriage  with  a  man  having  another  wife  living,  under  the  belief 
that  he  was  an  unmarried  man,  shall  be  entitled  to  a  just  allowance 
for  the  support  of  herself  and  family  out  of  his  property,  which  she  may 
obtain  upon  application  to  any  Judge  of  a  court  of  Record  at  cham- 
bers ;  provided,  always,  that  such  allowance  shall  not  exceed  one  third 
of  his  real  and  personal  estate. 

Sec.  5.  The  children  of  such  illegal  marriage  shall  be  entitled  to 
succeed  in  the  same  manner  as  legitimate  children,  to  all  the  real  and 
personal  estate  of  both  parents  in  this  Kingdom. 

Sec.  6.  The  marriage  of  an  idiot  or  insane  person  may  be  annulled 
on  the  application  of  the  same  party,  or  any  relative  of  the  idiot  or  luna- 
tic, or  on  the  application  of  any  person  admitted  by  the  court  to  pros- 
ecute as  the  next  friend  of  said  idiot  or  lunatic,  or  upon  the  applica- 
tion of  the  lunatic  himself  after  restoration  of  reason,  but  in  such  case, 
no  sentence  of  nullity  shall  be  pronounced  if  it  shall  appear  that  the 
parties  freely  cohabited  as  husband  and  wife  after  the  lunatic  was  re- 
stored to  a  sound  mind. 

Sec.  7.  Upon  the  anulment  of  a  marriage  on  account  of  nonage,  in- 
sanity or  idiocy  of  either  party  the  issue  ol  the  marriage  shall  be  deem- 
ed to  be  in  all  respects  the  legitimate  issue  of  the  parent  who,  at  the 
time  of  the  marriage,  was  capable  of  contracting. 

Sec.  8.  Upon  the  annulment  of  a  marriage  that  is  prohibited  on  ac- 
count of  consanguinity  between  the  parties,  or  for  a  failure  upon  the 


60  DIVORCES.  SESS. 

part  of  the  husband,  being  a  foreigner,  to  comply  with  the  require- 
ments of  the  validating  marriage  with  the  female  subjects  of  this  King- 
dom, the  issue  of  the  marriage  shall  be  deemed  to  be  illegitimate. 

Sec.  9.  A  suit  to  annul  the  marriage  on  the  ground  of  the  physical 
incapacity  of  one  of  the  parties  at  the  time  of  marriage  shall  only  be 
maintained  by  the  injured  party,  against  the  party  whose  incapacity 
is  alleged  ;  and  shall  in  all  other  cases  be  brought  within  two  years 
from  the  solemnization  of  the  marriage. 

Sec.  10.  No  sentence  of  nullity  of  marriage  shall  be  pronounced 
solely  on  the  declarations  or  confessions  of  the  parties,  but  the  Court 
shall,  in  all  cases,  require  other  satisfactory  evidence  of  the  existence 
of  the  facts  on  which  the  allegation  of  nullity  is  founded. 

OF    DIVORCES    DISSOLVING  THE  MARRIAGE    CONTRACT. 

Sec.  11.  The  Supreme  Court,  any  Circuit  Court,  or  any  Justice 
of  the  Supreme  Court  at  chambers,  may  dissolve  the  marriage  con- 
tract and  decree  a  divorce  from  the  bond  of  matrimony,  for  the  fol- 
lowing causes  : 

1.  Adultery  by  either  party. 

2.  Wilful  and  continued  desertion  without  cause  for  five  consecutive 
years   shall  be  presumptive  evidence  of  adultery,   and  the  Court  may 
at  its   discretion  grant  a  divorce  for  the  same. 

3.  Five  years  absence  in  a  foreign  country  and  unheard  of;  the  com- 
mission of  a  crime  whereby  either  party  is  sentenced  to  imprisonment 
at   hard   labor  for  life,  or  for  five  years  or  more,  which  shall  constitute 
the  person  strictly  dead  ;  when  application  is  made  pending  the  impris- 
onment and  before  pardon  granted. 

Sec.  12.  If  the  adultery,  or  other  offense  amounting  to  adultery, 
be  admitted  by  the  defendant,  yet  the  Court  before  pronouncing  a  de- 
cree of  divorce  shall  require  other  satisfactory  evidence  of  the  guilt 
of  the  accused. 

Sec.  13.  Although  the  fact  of  adultery  or  other  offense  amounting 
thereto  shall  be  established,  the  Couit  may  deny  a  divorce  in  the  fol- 
lowing cases  : 

1.  Where  the  offense  shall  appear  to  have  been  committed  by  the 
procurement  or  with  the  connivance  of  the  complainant. 

2.  Where  the  offense  charged  shall  have  been  forgiven  by  the  in- 


1853.  DIVORCES.  61 

jured  party,  and  such  forgiveness  be  shewn  by  express  proof,  or  by  the 
voluntary  cohabitation  of  the  parties,  with  the  knowledge  of  the 
fact. 

3.  Where  there  shall  have  been  no  express  forgiveness  and   no  vol- 
untary cohabitation  of  the  parties,  but  the  suit  shall  not  have  been 
brought  within  two  years  after  the  discovery  by  the  complainant  of  the 
offense  charged. 

4.  Where  it  shall  be  proved  that  the  complainant  has  also  been  guil- 
ty of  adultery  or  other  offense  amounting  thereto,  under  such  circum- 
stances as   would  have   entitled  the  defendant,  if  innocent,  to  a  di- 
vorce. 

Sec.  14.  A  divorce  for  the  cause  of  adultery  committed  by  the  hus- 
band shall  not  affect  the  legitimacy  of  the  issue  of  the  marriage. 

Sec.  15.  A  divorce  for  the  cause  of  adultery  committed  by  the  wife 
shall  not  affect  the  legitimacy  of  the  issue  of  the  marriage  but  the 
legitimacy  of  such  children,  if  questioned,  shall  be  tried  and  deter- 
mined by  the  Court.  In  every  such  case,  the  legitimacy  of  such  chil- 
dren shall  be  presumed,  until  the  contrary  be  shown. 

Sec.  16.  Upon  granting  a  divorce  for  the  adultery  or  other  offense 
amounting  thereto,  of  the  husband,  the  Court  may  make  such  fur- 
ther decree  or  order  against  the  defendant,  compelling  him  to  provide 
for  the  maintenance  of  the  children  of  the  marriage,  and  to  provide 
such  suitable  allowance  for  the  wife,  for  her  support,  as  the  court  shall 
deem  just  and  reasonable,  having  regard  to  the  ability  of  the  husband, 
the  character  and  situation  of  the  parties,  and  all  other  circumstances 
of  the  case. 

Sec.  17.  Upon  annulling  a  marriage  or  decreeing  a  divorce,  the  court 
may  make  such  further  decree  as  it  shall  deem  expedient,  concern- 
ing the  care,  custody,  education  and  maintenance  of  the  minor  children 
of  the  parties,  and  determine  with  which  of  the  parents  the  children  or 
any  of  them  shall  remain  ;  and  the  court  may,  from  time  to  time,  af- 
terwards, on  the  petition  of  either  of  the  parties,  revise  and  alter  such 
decree  concerning  the  children,  and  make  a  new  decree  concerning  the 
same,  as  the  circumstances  of  the  parents  and  the  benefit  of  the  chil- 
dren may  require. 

Sec.  18.  When  a  divorce  is  decreed  for  the  adultery,  or  other  offense 
amounting  thereto,  of  the  husband,  and  the  wife  shall  be  the  owner  of 


62  DIVORCES.  SESS. 

real  estate,  or  have  in  her  possession  any  personal  property,  given  to 
her  by  her  husband,  acquired  by  her  own  industry,  given  her  by  de- 
vise or  otherwise,  or  to  which  she  may  be  entitled  by  the  decease  of 
any  relative,  all  such  real  estate  and  personal  property  shall  be  her  sole 
and  absolute  property. 

Sec.  19.  When  a  divorce  is  decreed  for  the  adultery  or  other  of- 
fense amounting  thereto,  of  the  wife,  the  husband  shall  hold  her  per- 
sonal estate  forever,  and  he  shall  hold  her  real  estate  so  long  as  they 
shall  live  ;  and  if  he  shall  survive  her,  and  there  shall  have  been 
issue  of  the  marriage  born  alive,  he  shall  hold  her  real  estate  for  the 
term  of  his  own  life,  as  a  tenant  by  the  curtesy ;  provided  that  the  court 
may  make  such  reasonable  provision  for  the  divorced  wife,  out  of  any 
real  estate  that  may  have  belonged  to  her,  as  they  may  deem  proper. 

Sec.  20.  A  wife  divorced  for  adultery  or  other  offense  amounting 
thereto,  shall  not  be  entitled  to  a  dower  in  her  husband's  real  estate  or 
any  part  thereof,  nor  to  any  share  of  his  personal  estate. 

Sec.  21.  Whenever  the  court  shall  make  an  order  or  decree  re- 
quiring a  husband  to  provide  for  the  care,  maintenance  and  educa- 
tion of  bis  children,  or  for  an  allowance  to  his  wife,  the  court  may  re- 
quire him  to  give  reasonable  security  for  such  maintenance  and  al- 
lowance ;  and  upon  neglect  or  refusal  to  give  such  security,  or  upon 
default  of  him  and  his  surety  to  provide  such  maintenance  and  allow- 
ance, the  court  may  sequester  his  personal  estate,  and  the  rents  and 
profits  of  his  real  estate,  and  may  appoint  a  receiver  thereof,  and  cause 
such  personal  estate,  and  the  rents  and  profits  of  such  real  estate,  to 
be  applied  towards  such  maintenance  and  allowance  as  to  the  court 
shall,  from  time  to  time,  seem  just  and  reasonable. 

Sec.  22.  Whenever  a  marriage  shall  be  dissolved  for  adultery,  or 
other  offense  amounting  thereto,  the  innocent  party  may  marry  again 
at  any  time,  but  the  guilty  party  shall  not  marry  again  until  the  death 
of  the  innocent  one. 

Sec.  23.  If  any  persons,  after  being  divorced  for  any  cause  whatever, 
shall  cohabit  as  husband  and  wife,  they  shall  be  liable  to  all  the  pen- 
alties provided  by  the  laws  against  adultery. 

SEPARATION. 

Sec.  24.  A  separation  from  bed  and  board  forever,  or  for  a  limited 


1853.  DIVORCES.  63 

time,  may  be  decreed  by  the  Supreme  Court,  any  Circuit  Court,  or 
any  Justice  of  the  Supreme  Court  at  chambers,  for  the  following 
causes  : 

1.  For  excessive  and  habitual  ill  treatment  of  the  one  party  by  the 
other. 

2.  For  habitual  drunkenness  by  either  party. 

3.  For  the  refusal  or  neglect  of  the  husband  to  provide  his  wife  with 
the  necessaries  of  life. 

Sec.  25.  In  any  suit  brought  for  a  separation  the  defendant  shall  be 
permitted  to  prove,  in  his  justification,  the  ill  conduct  of  the  complain- 
ant, and  on  establishing  such  defense,  to  the  satisfaction  of  the  court, 
the  suit  may  be  dismissed. 

Sec.  26.  Upon  decreeing  a  separation,  the  court  may  make  such  fur- 
ther decree  for  the  support  and  maintenance  of  the  wife  and  her  chil- 
dren, by  the  husband,  or  out  of  his  property,  as  may  appear  just  and 
proper. 

Sec.  27.  Where  a  decree  for  a  separation  forever,  or  for  a  limited 
period  shall  have  been  pronounced,  it  may  be  revoked  at  any  time 
thereafter,  under  such  regulations  and  restrictions  as  the  court  may 
impose,  upon  the  joint  application  of  the  parties,  and  upon  their  pro- 
ducing satisfactory  evidence  of  their  reconciliation. 

Sec.  28.  This  act  shall  take  effect  from  the  day  of  its  passage,  and 
Chapter  ten  of  the  old  laws,  entitled  "Of  Marriage  and  Divorce," 
Article  2,  Chap.  4,  Part  1.,  of  the  second  act  of  Kamehameha  III, 
entitled  "  Of  Divorce  and  Separations,"  an  act  entitled  "An  act  to 
amend  the  Law  of  Marriage  and  Divorce"  passed  on  the  6th  of  July 
A.  D.  1852,  and  all  other  acts  relating  to  Divorces,  shall  be  and  the 
same  are  hereby  repealed. 


64  FORT  LANDS. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  «  AN  ACT  RELATING  TO  THE  FORT 
LANDS   OF  HONOLULU." 

Approved,  JYou.  2,  1853. 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

Sec.  1.  By  this  act  the  Minister  of  the  Interior  is  prohibited  from 
selling  the  water  ponds  in  certain  of  the  Fort  Lands  about  Hono- 
lulu, that  is  to  say,  the  pond  of  Kunawai,  in  the  ili  of  Kunawai,  and 
the  ponds  of  Kumuhahane  and  Kaluapalolo  in  the  ili  of  Alewa,  in 
Honolulu,  Koua,  Oahu,  and  other  water  ponds  that  may  hereafter  be 
discovered,  which  are  ponds  for  the  good  of  the  public,  and  which  shall 
be  in  the  charge  of  the  Minister  of  the  Interior. 

Sec.  2.  The  Minister  of  the  Interior  shall  have  power  to  commute 
such  of  the  aforesaid  Fort  lands  as  he  may  deem  it  proper,  for  any 
lands  that  have  been  or  may  be  taken  by  the  government  for  the  pur- 
pose of  constructing  new  streets  in  Honolulu,  Island  of  Oahu. 

Sec.  3.  This  act  shall  become  a  law  on  the  day  its  passage,  and 
all  laws  and  parts  of  laws  in  contravention  of  this  are  hereby  repealed. 


1853.  JOINT  RESOLUTION. 


JOINT  RESOLUTION. 

Approved,  April  18th,  1853. 

BE  IT  RESOLVED,  by  the  King,  the  Nobles  and  Representatives  of  the 
Hawaiian  Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  His  Majesty's  Minister  of  Finance  shall  set 
apart  in  the  Treasury  the  sum  of  eight  thousand  dollars  for  the  use 
of  both  Houses  of  the  Legislature,  without  waiting  for  the  passage  of 
an  Appropriation  Bill. 

SECTION  2.     The  House  of  Nobles  and  the  House  of  Representa- 
tives may  draw  from  time  to  time  upon  His  Majesty's  Minister  of 
Finance  what  they  may  deem  necessary  for  their  use,  out  of  the  sum 
above  stated. 
9 


66  JOINT   RESOLUTION.  SfiSS. 


JOINT  RESOLUTION 
FOR  THE  RELIEF  OF  W.  C.  PARKE. 

Approved,  May  25f&,  1853. 

Whereas,  in  enforcing  the  quarantine  of  the  ship  Charles  Mallory 
and  her  passengers,  in  accordance  with  the  instructions  of  His  Ma- 
jesty's Privy  Council,  Mr.  W.  C.  Parke,  the  Marshal  of  the  Kingdom, 
has  incurred  heavy  expense,  to  meet  which  no  appropriation  has  been 
made: 

Therefore : 

Be  it  enacted  by  the  King,  the  Nobles  and  the  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

That  the  Minister  of  Finance  be,  and  he  hereby  is  empowered  and 
instructed,  to  pay  out  of  any  monies  that  may  be  in  the  Treasury,  to  the 
order  of  W.  C.  Parke,  the  sum  of  one  thousand  five  hundred  dollars. 


1853.  JOINT  RESOLUTION.  67 


JOINT  RESOLUTION. 

Approved,  JVbt>.  2d,  1853. 

BE  IT  RESOLVED  by  the  King,  the  JVo&Zes  and  the  Representatives   of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled  : 

That,  the  Secretary  at  War  shall  be,  and  is  hereby  authorised  to 
dispose,  in  such  manner  as  he  may  judge  most  profitable,  of  all  can- 
non and  other  arms  as  may  be  superfluous,  or  unfit  for  service,  and 
to  apply  the  proceeds  thereof  to  the  repair  and  purchase  of  such  cannon, 
arms  and  accoutrements,  as  may  be  needed,  accounting  in  his  annual 
reports  to  the  Legislature,  for  his  proceedings  in  this  matter. 


68 


INDEX.  SESS. 


INDEX, 


ACT,  SECTION.        PAGE. 

Relating  to  the  Judiciary  Department,  3 

To  amend  an  act  entitled  "An  act  to 

amend  the  law  relative  to  passports,"  13 

To  amend  the  appropriation  bill,  14 

To  amend  an  act  to  regulate  the  tonnage 
dues  and  other  charges  on  merchant 
and  whaling  vessels,  .  .  15 

To  amend  "Joint  Resolution  to  en- 
courage the  visits  of  whalers,"  16 

To  authorize  the  Minister  of  Finance  to 
pay  certain  sums  in  anticipation  of  the 
general  appropriation  bill  for  1853,  17 

To  increase  the  import  duties  on  certain 

kinds  of  merchandize,  .  .  18 

To  constitute  a  Board  of  Commissioners 

to  erect  jails  on  Oahu,  .  .  20 

Relating  to  the  searching  of  ships  for 

deserters,  ...  22 

Relating  to  mutiny  and  sedition  on  board 
of  foreign  vessels  while  in  any  port  of 
the  Hawaiian  Islands,  .  .  23 

To  regulate  the  number  of  the  Represen- 
tatives of  the  people,  .  .  24 

Relating  to  the  Board  of  Commissioners 

to  quiet  land  titles,  .  .  26 

For  the  relief  of  the  Minister  of  the  Inte- 
rior, ....  27 

To  abolish  newspaper  license,  .  28 

Relating  to  whalers'  permits,  .  29 

To  amend  the  laws  relating  to  public 

auctioneers,  ...  31 

Relating  to  coral  and  sand,         .  .  32 

Repealing  certain  laws,         .  .  33 


1S53.  INDEX.  69 

ACT,  SEC.  PAGE. 

To  prevent  judicial  officers  from  acting 
as  counsel  or  attorneys  in  suits  tried 
before  them,  ....  34 

Providing  for  the  trial  of  different  de- 
grees of  certain  offenses  under  one 
indictment,  .  .  .  35 

Relating  to  the  Secretary  at  War,  36 

Relating  to  the  road  tax,  '.         ,'...  .  37 

Providing  summary  proceedings  to  recov- 
er possession  of  land  in  certain  cases.  42 

Providing  for  the  division  of  the  pro- 
ceeds of  property  confiscated  or  for- 
feited, and  fines  imposed  for  violation 
of  the  revenue  laws,  /,v  .  45 

To  limit  the  time  of  commencing  personal 

actions,         ....  47 

To  remove  from  the  police  and  district 
courts  the  jurisdiction  in  cases  of  lar- 
ceny in  the  second  degree,  *'"*  51 

Relating  to  deserters  from  vessels,  52 

Prescribing  fees  of  search  for  the  regis- 
trar of  conveyances,  .  .  53 

Providing  that  certain  transcripts  from 
the  dockets  of  courts  of  record  and  of 
certain  other  courts  shall  be  admitted 
as  evidence,  .  .  54 

To  amend  the  second  section  of  the  act 
to  provide  for  the  appointment  of 
agents  to  sell  Government  lands  to  the 
people,  ....  55 

To    amend  the   law   relating   to   public 

auctioneers,  ...  56 

Regulating  the  disbursement  of  money 

appropriated  for  the  military,          .  57 

Relating  to  divorces,  .  58 

To  amend  an  act  entitled  "an  act  rela- 
ting to  the  Fort  lands  of  Honolulu,"  64 

(Joint  Resolution,)  appropriating  money 

for  the  Legislature,  .  .  65 

(Joint  Resolution,)  for  the  relief  of  W. 

C.  Parke,  ...  66 

(Joint  Resolution,)  to  dispose  of  old  can- 
non and  other  arms,  .  67 
ACTIONS 

Act  to  limit  the  time  of  commencing  per- 
sonal, .  .  ;  ••  .  47 


70  INDEX.  SESS. 

APPEALS,  SEC.  PAGE. 

To  the  Supreme  Court,        . .' '         :.  48  11 

From  the  Land  Commission,  .  48  to  50       11 

In  suits  to  recover  possession  of  land,  10  to  14      43,    44 

APPROPRIATION  BILL, 

Of  l852-'3,  amendments  to  ' '* .""  14 

ATTORNEY, 

Judicial  officers  restrained  from  acting 

as,  in  certain  cases,         .  .<  .    '  1  34 

AUCTIONEERS, 

Amendment  of  laws  relating  to,      '•]'•"  31 

For   Island   of  Maui,  laws   relating  to, 

amended,    .  .' '         .  56 

B 
BOARD  OF  JAIL  COMMISSIONERS, 

For  the   Island  of  Oahu,  their  appoint- 
ments and  duties,  ...  20 
BOARD  OF  LAND  COMMISSIONERS, 

Appeals  from,  decisions  of     .  .  48  to  50       11 

Act  relating  to,  .         '  '  I  '•      '  'i    '  26 

c 

CHIEF  JUSTICE  OF  SUPREME  COURT, 

Shall  be  Chancellor  of  the  Kingdom,  4  4 

Powers  of,  at  chambers,  4  4 

May  issue  writs  of  error,  certiorari,  man- 
damus, &c.  &c.      ...  6  4 

In  case  of  absence  or  sickness  of,  duties 

to  be  discharged  by  the  senior  justice,       19  6 

His  salary  prescribed,         \'t^ii<      ..«-/         20  6 

CIRCUIT  COURTS, 

Terms  of,  when  and  where  to  be  held,          33  9 

Jurisdiction  of,  ...  34  9 

To  be  presided  over  by  a  Justice  of  the 

Supreme  Court,      .  ,;  ;.  36  9 

May  be  adjourned  from  day  to  day,  &.c.        37  9 

Clerks  of,  by  whom  appointed,  their  du- 
ties, &c.      .  .         Fi!*j>          » - 

Seals  of,         .  ..'j'       .TV*,. 1 1     #  £  a 

May  grant  divorces,  .         n>  > 

May  decree  separations, 
CIRCUIT  JUDGES. 

Powers  of,  .  .         -\ ;,:  (         35  9 

Their  salaries,  .  .  .  46  10 

May   appoint   commissioners  to  assess 

damages  in  opening  new  roads  &.c.  23  40 

CLERK  OF  SUPREME  COURT, 

To  be  appointed  by  the  Justices.       .  21  6 


""v 
1853.  INDEX. 

"- 

SEC.  PAGE. 

Powers  and  duties  of,  .  .  21  to  27         7 

To  exhibit  the  records  of  his  office  to 

the  Justices,  ...  27  8 

Temporary,  provided  for,       .  .  28  to  29        8 

To   render   quarterly  accounts   to  the 

Minister  of  Finance,  30  8 

His  salary  prescribed,  31  8 

COLLECTOR  OF  CUSTOMS, 

To  grant  whaler's  permits,  .  1  29 

Duties  of,  in  regard  to  confiscated  prop- 
erty, fines  and  penalties  &c.  45,    46 
CONSULS, 

In  China  and  Phillippine  Islands,  certif- 
icate of,  necessary  in  certain  cases,  3  18 
In  this  Kingdom,  to  apply  to  the  marshal 
in  cases  of  mutiny  on  board  Foreign 
Vessels,                   ...               1                23 
CORAL  AND  SAND, 

On  the  Government  reefs,  made  free,  1  32 

D 

DESERTERS, 

Searching  of  ships  for,  .  .  1  22 

From  vessels,  law  respecting,  .  52 

DISTRICT  JUSTICES'  COURTS, 

Power  and  duties  of,  .  .  47  10 

May  issue  summons  in  suit  to  recover 

possession  of  land,  .  .  2  42 

Deprived  of  Jurisdiction  in  cases  of  lar- 
ceny in  the  second  degree,  .  1  51 
Transcript  from  docket  of,  evidence,                2  54 

DIVORCES, 

Law  of,  ....  58 

Who  may  grant,  and  for  what  causes,  58  to  60 

Ji  mensa  et  thoro,         ...  63 

E 

EVIDENCE, 

Certain   transcripts   from   dockets   of 

courts,  to  be  admitted  as,  54 

r 

FORT  LANDS, 

Of  Honolulu,  amendment  of  law  rela- 
ting to,       ....  64 

IDIOT, 

Or  Lunatic,  marriage  of  voidable,  1  58 

IMPORT  DUTIES, 

On   certain  kinds  of  Merchandize  in- 
creased. 1  18 


INDEX.  SESS. 

INDICTMENT,  SEC.  PAGE. 

Different   degrees   of  certain   offences 
may  be  tried  under  one,  .  1  35 

JAILS, 

Commissioners     of,  for  the   Island   of 

Oahu,  .  20 

JUDICIAL  DISTRICTS, 

Kingdom  divided  into  four  .  32  8 

JUDICIAL  OFFICERS, 

May  not  acl  as  counsel  or  attorney  in 

certain  cases.  .  .  1  34 

JUDICIARY  DEPARTMENT, 

Act  relating  to       *'•>/>-     •'-.-•  .  3 

JURY 

Trial  by  .  .51  11 

May  be  empanneled  to  assess  damages 

in  opening  new  roads  23  40 

LAND, 

Summary  proceedings  to  recover  pos- 
session of,  in  certain  cases,  .  42 
LAND  AGENTS, 

Government,  law  relating  to  amended,  55 

LARCENY, 

In  the  second  degree,  removed  from 

Police  and  District  Courts  L'"'  1  51 

LAWS, 

Old,  repeal  of  certain,        -'.' u 
LICENSE, 

Newspaper,  abolished,       '  '.«l'x          .  1  28 

in 

MARRIAGE, 

Contract  of,  may  be  declared  void,  58 

Grounds  for  annulling  contract  of  58 

Respecting  annulritat  of    •': 

May  be  dissolved,    V         ••  .  11  60 

MARSHAL, 

Or  other  Officer  may  search  vessels  for 

deserters, 
To  arrest  mutineers  on  board  of  Foreign 

vessels,  .  .  *'" 

To  execute  writs  of  possession  .  6 

MERCHANDIZE, 

From   China   and  Phillippine  Islands, 

duties  on,  increased. 
MILITARY, 

Disbursement   of  monies   appropriated 

for.  .  57 


1853.  INDEX. 

MINISTER  OF  FINANCE,  SEC.  PAGE. 

To  pay  Judicial  salaries,      .  .  52  11 

Authorized  to  pay  money  on  account  of 
H.  M's.  Privy  Purse,  in  anticipation 
of  Appropriation  Bill,  .  .  1  17 

To  pay  certain  money  to  W.  C.  Parke.  66 

To  set  apart  $8,000  for  the  Legislature 
of  1853,  in  anticipation  of  the  appro- 
priation Bill,         fyiit  1  65 
MINISTER  OF  THE  INTERIOR, 

T&  appoint  Jail  Commissioners  for  Is- 
land of  Oahu,  .  •  /  i*fc»  1  20 

Act  for  the  relief  of,  .  .  27 

To  draw  for  monies   appropriated   for 

roads,       w          *         k'iP'i-  .  11  38 

May  compound  for  damages  sustained 

in  opening  new  roads,       .  .25  41 

Prohibited   from    selling   certain   Fort 

Lands,       £  -  •         .  .  .  1  64 

May  commute  Fort  Lands  in  opening 

new  streets,  ,  .  .  2  64 

MINISTER  OF  PUBLIC  INSTRUCTION, 

To  circulate  act  to  regulate  the  number 

of  Representatives  of  the  People  5  25 

MEETING, 

On  board  of  Foreign  vessels  in  port,  23 

NEWSPAPERS, 

License  for,  abolished,  1  28 

o 

OFFENSES, 

Different  degrees  of  certain,   may  be 

tried  under  one  indictment  .  1  35 

P 
PARKE,  WM.  C. 

Joint  Resolution  for  the  relief  of,  66 

PASSPORTS, 

Amendment  of  law  relating  to,        1   j*J  13 

PERSONAL  ACTIONS, 

Act  to  limit  time  of  commencing,      *#,H  47 

POLICE  COURTS, 

Powers  and  duties  of,  .  .  47  10 

May  issue  summons  in  suits  to  recover 

possession  of  land,  2  42 

Deprived  of  jurisdiction  in  cases  of  lar- 
ceny in  the  second  degree,         <•••  v't  1  51 
Transcript  from  docket  of,  evidence,               2                54 
10 


74                                                  INDEX.  SESS. 

PRISONS,  SEC.             PAGE. 

Law  relating  to,  amended .    .  8                21 

R 

REGISTRAR  OF  CONVEYANCES, 

Fees  of  for  searching  records,            .  1                  53 

REPRESENTATIVES  OF  THE  PEOPLE, 

Apportionment  of,      .         [  o^i  •         .  24 

REVENUE  LAWS, 

Disposition  of  property  confiscated  for 

violation  of,             ...  45 

ROAD  SUPERVISORS, 

How,  and  when  elected     .    .         .  f  *  5                 37 
To  have  direction   of  public   labor   on 

roads,  bridges  &c.  6                 37 

To  collect  and  disburse  road  tax,  ...  7                 38 

May  appoint  deputies,             .         b  *ol  8                 38 

To  render  annual  reports,     .  ,«          .  9                 38 

Compensation  of,       .              .          .w.   t  10                  38 

To  expend  appropriations  for  roads,  11                 38 

Liability  of,              1940  12                 38 

May  sue  for  unpaid  road  tax,            -«,  13                  39 
Cannot  compel  persons  to    labor    more 

than  five  miles  from  their  residence,  14                  39 

Power  of,  over  persons  at  labor,       .  15                  39 

.  ,      May  commute  for  road  tax,  .             .  l<>                 39 

Duty  of,  towards  successors  in  office,  17                 39 

May  be  dismissed  on  complaint,         .  18                 39 

To  direct  persons  at  labor,    .              .  19   (              39 
Duty   of,    in   opening   new   roads   and 

bridges,                    ...  22                 40 

ROAD  TAX, 

Prescribed,                  .              .          >  roi  1                  37 

Commutation  for,                     .         ni  i»ii<  2                 37 

Who  are  liable  to,     .         £  .             .  3                 37 

Who  are  exempt  from,  4                  37 

By  whom  collected  and  disbursed,  7                  38 

Amount  of,  to  be  reported,  annually,  9                 38 
Persons  liable    to.   labor  for,   may  find 

substitutes,          ^.^  20                 40 

Liability  for,  attaches  where,          lu  9  21                 40 

s 

SAND, 

And  coral,  on  Gov't  reefs,  made  free,  1                 32 
SECRETARY  AT  WAR, 

Appointment  of,  provided  for,  &c.     .  I                  36 
To  account  for  disbursements  made  for 

military  purposes               ;"Uj  j  1                  57 
Authorized    to    dispose    of  superfluous 

and  useless  arms,                .             .  67 


1853.  INDEX.  75 

SEPARATION,  SEC.  PAGE. 

From  bed  and  board,  K'i"-J       "?ti~>  62    63 

STATUTE  OF  LIMITATIONS, 

Of  personal  actions,  .          i  -V>nj  47 

SUPREME  COURT, 

Consists  of  a  Chief  Justice  and  two  as- 
sociate Justices,  .  trt°f|  -'ip  k  1  3 

Justices  of,  their  tenure  of  office  and 

compensation,    -  .          v//sl  1  3 

Jurisdiction  of,  .  2  3 

Chief  Justice  of,  shall  be  the  Chancellor 

of  the  Kingdom,  -iil       i  '.&*'       l'<'jd''  4  4 

Justices  of,  their  powers  at  chambers,  4  4 

Has  the  general  superintendance  of  all 

inferior  Courts,       .  ...  5  4 

May    issue   writs   of  error,    certiorari 

mandamus,  &c.  &c.  6  4 

May  do  whatever  is  necessary  to  carry 
into  effect  the  powers  given  to  it  by 
the  constitution  and  Laws,  .  7  4 

May  make  rules  for  regulating  the  prac- 
tice therein  ...  8  4 

Practice  in,  .  .  9  to  15  5 

To  hold  four  terms  every  year,          .  16  6 

May  hold  special  terms,  16  6 

To  be  held  at  the  Court  House  in  Hon- 
olulu, unless  otherwise  ordered  by 
the  King,  .  .  .  17  6 

When  neither  of  the  Justices  of,  is  pres- 
ent the  Clerk  may  adjourn  from  day 
to  day,  .  .  .  18  6 

Justices  of,  their  salaries,  20  6 

Clerk  of,  by  whom  appointed,  .  4         21  7 

Justices  of,  to  inspect  the  doings  of  the 

Clerk  of  the  Court,  26  7 

Appeals  to,  ...  48  11 

Or  any  Justice  of,  may  grant  divorces,  1  58  ) 

11  60  i 

Or  any  Justice  of,  may  decree  separa- 
tion, ....  24  63 

T 

TONNAGE  DUES, 

Amendment  of  the  law  relating  to,    .  15 

TRIAL  BY  JURY, 

Provided  for,  .  .  .  51  It 

V 

VESSELS, 

Amendment  of  law  regulating    charges 

on ,  15 


76                                                INDEX.  SESS.  1853. 

VESSELS,  Continued,  SEC.            PAGE. 

Whaling,  alteration  of  laws  respecting,  1                 16 

May  be  searched  for  deserters,         .  22 

1  Of  war,  not  subject  to  search,          ,$n«j  1                22 
Commanding  Officers  of,  may  not  refuse 

access  to  Police  Officers,                .  2                22 

Mutiny  on  board  of,  in  port,               <#o;  23 

Whaling,  permits  for,            .          r4  i  1                 29 

Deserters  from,  law  respecting,        .  52 

w 

WRIT, 

Of  possession,  when  issued  by  District 

Courts,       .            .            .        f/cij  7  5                43 


1853.  PUBLIC  HEALTH.  77 


AN  ACT 

RELATING  TO  THE,  PUBLIC  HEALTH. 

Approved,  May  16th,  1853. 

WHEREAS,  The  Small-Pox  is  believed  to  exist  in  this  Kingdom,  and 
humanity  and  a  just  regard  to  life  require  that  all  who  are  affected 
with  that  disease  should  receive  strict  care  and  attention,  and  where- 
as it  is  desirable  that  the  disease  shall  not  extend  through  the  Isl- 
ands : 
BE  IT  ENACTED,  By  the  King,  the  Nobles  and  the  Representatives  of  the 

Hawaiian  Islands  in  Legislative  Council  assembled  : 

SECTION  1.  That  there  shall  be  appointed  by  the  King,  with  the  as- 
sent of  the  Privy  Council,  a  Commission  consisting  of  three  persons 
who  shall  act  without  pecuniary  reward,  "upon  whom  shall  devolve 
all  the  powers  and  duties  intended  and  expressed  in  the  Act  of  8th 
May,  1851,  entitled  a  law  establishing  a  Board  of  health  with  power 
to  extend  the  same  to  all  parts  of  this  Kingdom,  in  person  or  through 
their  agents,"  and  who  are  hereby  authorized  and  empowered  to  pro- 
vide for  all  persons,  sick  with  the  small-pox,  suitable  medical  atten- 
dance, food,  lodgings  and  clothes,  at  the  expense  of  the  Hawaiian 
Government,  and  to  make  and  publish  such  regulations  for  the  public 
health  as  they  may  think  wiseand  expedient,  and  enforce  them  by  fines 
or  otherwise  through  the  Courts. 

SECTION  2.  For  the  purpose  of  carrying  into  effect  the  foregoing 
section  a  majority  of  the  Commission  thereby  constituted  are  hereby 
authorized  and  empowered  to  draw  from  the  Public  Treasury  such 
funds  as  may  be  necessary  ;  and  the  Minister  of  Finance  is  hereby 
authorized  and  empowered  to  pay  their  drafts  out  of  any  monies  be- 
longing to  the  Government,  provided  their  draft  is  accompanied  with 
an  account  current  showing  the  objects  for  which  the  money  has 
been  used  and  satisfactory  vouchers. 

SECTION  3.  In  case  any  monies  are  expended  to  provide  for  the 


78  PUBLIC  HEALTH.  1853. 

sick  brought  to  this  Kingdom  in  vessels  from  abroad,  it  shall  be  the 
duty  oPthe  Commission  hereby  constituted  to  demand  the  same  of  the 
Captain  of  the  vessel  bringing  sick  persons  into  the  Kingdom,  and 
unless  the  same  is  paid  upon  request,  the  Collector  of  Customs  shall 
not  grant  a  clearance  to  such  vessel  until  the  same  is  paid,  and  the 
master  shall  be  liable  therefor,  and  may  be  sued  for  the  same  in  the 
Courts  of  this  Kingdom. 

SECTION  4.  This  law  shall  take  effect  upon  its  passage  and  shall 
continue  in  force  until  the  passage  of  a  new  law  relating  to  the  pub- 
lic Health,  and  all  laws  or  parts  of  laws  inconsistent  herewith  are 
hereby  repealed. 


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